What Does Summary Probate Mean? When someone dies, their assets must be distributed according to the instructions outlined in their will. This process is known as probate. Generally, probate requires a time-consuming process of collecting information, preparing and filing paperwork with the court, and appearing in court. However, summary probate is a shortened process of distributing a person’s assets that may be used when certain criteria are met. What Is Summary Probate? Summary probate is the simplified process for transferring a person’s assets when all of their heirs or beneficiaries agree on who is receiving what. This means that if the deceased left a will and it is uncontested, the legal process is accelerated significantly. This simplified process is intended to make the distribution of assets efficient and cost-effective. To be eligible for summary probate, the estate must meet certain criteria. Specifically, the estate must have a value of $166,250 or less, and must not include any real estate. Any estate that meets these criteria may qualify, and the beneficiaries must enter into a Summary Administration Agreement. This form must be filed with the county court in order to validate the agreement. What Are the Benefits of Summary Probate? The primary advantage of summary probate is the expedited process. Since filing the Summary Administration Agreement is the only legal paperwork required, the legal process is significantly shorter. This greatly reduces the amount of time and the associated costs. Additionally, since summary probate does not require a hearing, this process can avoid disagreements between the heirs or beneficiaries. When Should Summary Probate Not Be Used? Summary probate is a simplified legal process and is only appropriate when the deceased’s assets fulfill the criteria. For example, if the estate includes real estate, summary probate cannot be used. Similarly, if the estate does not have a valid will or if the heirs or beneficiaries are in dispute, summary probate is not an option. In these cases, the traditional probate process must be used. Conclusion Summary probate is an effective and efficient way to transfer a person’s assets after they have passed away. This simplified process provides an accelerated timeline and requires fewer legal fees. However, it is important to consider all of the criteria for eligibility before deciding to use summary probate.