A Small Estate Affidavit is a legal document that allows heirs to collect and transfer a deceased person’s assets without going through full probate, as long as the total estate value is below a state-specific limit. Every state has its own limit — typically $10,000 to $200,000. Most states do not allow small estate procedures if the deceased owned real property (a house or land).
A probate attorney helps ensure all legal, financial, and court-required steps are handled correctly, preventing costly mistakes and protecting the executor from personal liability. They make the process faster, smoother, and far less stressful. If you need help sourcing a lawyer please contact; info@probateus.com and we can recommend some local probate lawyers to you.
A Petition for Probate is the legal document filed with the court to officially start probate and request the appointment of an executor or administrator to handle the estate.
An Appointment Request is the form submitted to the probate court asking to be officially appointed as the estate’s executor or administrator so you can legally manage the deceased person’s affairs.
Most states: $250–$500 to file the initial probate petition paid directly to the probate court.
A beneficiary list is a complete record of all people or entities entitled to inherit from the estate, taken from the will or state intestacy laws. It ensures the court and executor know exactly who must be notified, who receives assets, and how distributions should be handled.
“Mail formal notices” means sending official court-required letters to all heirs and beneficiaries informing them that a probate case has been opened. This ensures everyone with a legal interest is properly notified and given an opportunity to respond or object.
“Collect signed receipts” means getting written confirmation from heirs or beneficiaries that they received their official probate notice or, later, their distribution. Some states require these signatures so the court can prove everyone was properly informed or paid.
“File proof of service” means submitting a document to the court showing when, how, and to whom you delivered the required probate notices. It proves that all heirs and interested parties were properly notified according to legal rules.
“Executor appears” means the executor must show up, either in person or sometimes by phone/Zoom, at the probate hearing to confirm their identity, present required documents, and formally ask the judge to appoint them to manage the estate.
“Declares intestacy” means the court decides the deceased died without a valid will, so state law will determine who inherits their assets.
A probate bond is commonly required when there is no will, the will doesn’t waive the bond, or the heirs don’t all agree to waive it. In practice, courts require a bond in about half of probate cases, but the requirement drops dramatically when a valid will specifically waives the bond.
A probate bond usually costs 0.5%–1% of the bond amount per year. The court sets the bond amount based on the value of the estate, and the executor pays the premium upfront (then reimburses from the estate).
This means the judge officially gives the executor or administrator legal authority through documents called Letters Testamentary/ Administration, to manage the estate, access accounts, pay debts, and handle all probate tasks.
The average cost for an official copy of a Letters of Testamentary is around $5 to $20 each
