Free tool
Four quick questions to see whether the estate likely needs probate, qualifies for a small estate affidavit, or can skip it entirely.
1. Do most assets already have a named beneficiary or joint owner?
Life insurance, retirement accounts (401k/IRA), and payable-on-death (POD/TOD) accounts pass directly to the person named. Jointly owned property usually passes to the co-owner.
2. Was there real estate owned only in the deceased's name?
A home or land titled solely to the person who died — with no co-owner and no transfer-on-death deed.
3. Is the total value of everything else modest?
Roughly under your state's small-estate limit — often somewhere between $20,000 and $180,000 for assets that don't have a beneficiary.
4. Did the person have a living trust holding their assets?
Assets titled in the name of a revocable living trust pass to heirs without probate.
Answer all four questions to see your result.
This tool gives a general starting point based on common rules — it is not legal advice. Probate laws vary by state; confirm your situation with your local court or an attorney.
An estate generally needs probate when the deceased owned assets solely in their own name with no beneficiary or joint owner — especially real estate. Assets with named beneficiaries, joint ownership, or held in a living trust usually pass without probate. Small estates can often use a simplified affidavit instead.
Yes. Probate is avoided when assets pass by beneficiary designation (life insurance, retirement accounts, POD/TOD accounts), by joint ownership with right of survivorship, or through a living trust. Estates under a state's small-estate limit can also skip formal probate.
No. It offers a general starting point based on common rules that apply in most states. Probate laws vary, so confirm your specific situation with your local probate court or an attorney.