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LegalCornerTM - Probate and Avoiding Probate F.A.Q.'s

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Q.I heard estates under $100,000 are exempt from Probate?

A.Yes. If the gross value of an estate is worth less than $100,000 of personal property (not including your home and without subtracting any liens, debts, deeds of trust, etc.), then you do not have to go through the probate process. In such cases, the estate administrator may opt to use an affidavit procedure on behalf of the heirs to avoid a "full" probate. However, it may still be advisable to go through the full probate process if: (1) family members are not getting along, (2) there are large claims by creditors, or (2) the deceased owned a business.

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