First, there is no "automatic" probate, someone has to file a petition with the court to create a probate case. If the total value of a decedent's estate is less than $100,000 and has no interest in real estate, a Small Estate Affidavit may be used as a substitute for probate. The affidavit also is not "automatic", someone has to fill it out and start the process. Forms for the affidavit are available on the internet, many counties make the affidavit form available as part of their probate forms.
First, there is no "automatic" probate, someone has to file a petition with the court to create a probate case. If the total value of a decedent's estate is less than $100,000 and has no interest in real estate, a Small Estate Affidavit may be used as a substitute for probate. The affidavit also is not "automatic", someone has to fill it out and start the process. Forms for the affidavit are available on the internet, many counties make the affidavit form available as part of their probate forms.
