Transferring Estate Property after Death: Probate and Affidavits Category: Courts and Procedure

If the decedent left a will, it usually names a person to be the personal representative of the estate, called an “executor” or “administrator” who will conduct an inventory and accounting, pay the estate’s debts and taxes, and distribute the estate’s assets. If there is no will, the probate court will appoint an administrator to do these same tasks.

Not all estates must go through probate.

• If the estate is in a trust, the successor trustee takes over and distributes the property according to the terms in the trust document.
• If more than one person is on title to the property, the survivor may be able to update the title with an affidavit, instead of a probate court case. This applies to joint tenancy and community real estate, vehicles, and things like joint bank accounts.
• If the person’s assets add up to less than the statutory amount ($166,250 for deaths before April 1, 2022; $184,500 after April 1, 2022), the heirs may be able transfer the property by affidavit. See our guide on Small Estate Affidavits (also called Affidavits for Collection of Personal Property) for forms and instructions.