Start with the deed and planning documents
A deed, living trust, transfer-on-death deed, joint-tenancy language, or community-property language may change the transfer path. Do not rely on family understanding alone.
Check simpler procedures before assuming formal probate
Spousal and summary procedures may be available in some situations. Eligibility, valuation date, gross-value rules, waiting periods, notices, and forms require current verification.
When formal probate may be required
If the decedent held title individually and no valid non-probate path controls, a court case and appointed personal representative may be needed before property can be managed or sold.
Frequently asked questions
Does a will avoid probate?
Not necessarily. A will directs administration but does not by itself transfer every asset outside probate.