- Probate value
- Gross Value (fair market value of assets with no adjustments for secured debt). For example, the decedent’s personal residence has a fair market value of $350,000 and an outstanding mortgage of $250,000. The probate value of the personal residence is $350,000.
- Small Estate Affidavit
- Affidavit is not available.
- Summary Administration
- Available if the total value of the probate estate does not exceed $100,000. The value of real property cannot exceed $20,000.
40 day waiting period. - Surviving spouse procedure
- If spouse inherits all of the decedent’s probate property, spouse can use a simplified probate procedures referred to as a Spousal Property Petition.
- Ancillary Probate
- N/A
- Statutory Attorney Fees
- Statutory fees calculated as percentage of gross value of probate estate. Plus reasonable fees for additional services, such as transfer of title.
$0 to $100,000 4% $4,000 PLUS Next $100,000 3% $3,000 = $7,000 PLUS Next $800,000 2% $16,000 = $23,600 PLUS Next $9,000,000 4% $36,000 to $59,600 PLUS 0.5% of next $15,000,000 .05% $75,000 to $134,600 - Statutory Executor Fees
- Statutory executor fees are the same as the statutory attorney fees. For example, if the probate estate has a value of $1,000,000, the attorney fee allowed would be $23,000 and the executor fee allowed would be $23,000.
- Probate Court Costs
- N/A
- Do It Yourself Support
- An individual can open a probate case and file the necessary forms. Probate court web sites provide forms and instructions.
- Probate Statutes
- N/A
- Special Notes
- The probate court is referred to as the Probate Court.
