Types of Probate

Types of Probate

Probate is the legal process by which a deceased loved one safely and securely transfers property to surviving family members. It not only involves the transfer of property, but may also involve managing any unresolved affairs (e.g., paying off debts, collecting rents for any property leased before death, etc.).

The term “probate” itself, though, is quite general, and it actually encompasses a variety of such legal proceedings.

These proceedings include:

• Independent Administration
• Dependent Administration
• Muniment of Title

In addition to the above probate proceedings, it may be possible or necessary to transfer property by other methods.  Many people informally refer to these other methods as “probate.”

These other methods include:

• Affidavit of Heirship
• Small Estate Affidavit
• Formal Heirship Determination

As you can see, the law fortunately provides a variety of legal strategies to address the unique scenarios presented by different estates and families.