Types of Probate

As with most matters of the law, there are different types of probate available. Which type is applied to your situation will depend on the specific circumstances of each case, and each of the main methods has its own set of pros and cons.

Supervised probate is most often used in cases of probate litigation in which an estate is being contested. These are usually the most expensive and formally tended to types of probate because they require the courts to approve each property transaction separately.

Unsupervised probate, also commonly referred to as independent probate, is applied to cases that are in excess of the limitations established for small estate probate. This method is much cheaper because court supervision is not required. In cases of unsupervised probate, the beneficiaries have agreed upon property distribution.

Small estate probate is the quickest and easiest type of probate. It is used strictly in cases involving small estates that are no more than $100,000 and no less than $1,000.

A probate lawyer will best be able to help you determine which type of probate process is right for the circumstances of your situation.