Probate is the part of estate settlement that intimidates people most, and reasonably so. The rules change by state and often by county, the forms are unforgiving, and most people encounter it exactly once in their life.

The good news is that the hard part is deciding which path applies to you. Once that's settled, Sunset generates the right documents for your county, pre-filled, with instructions for filing them.

Probate is the legal process of validating a will if one exists, giving someone authority to manage the estate, identifying the assets, paying debts and taxes, and distributing what remains.

It exists to protect creditors, protect heirs from someone helping themselves to assets, and give financial institutions a document they can rely on when they hand money over.

Every state is different. California probate looks nothing like Texas probate. Neighboring states use different processes, different forms, and different thresholds.

Counties differ too. Within one state, courts often have their own local forms, page formatting rules, and filing procedures.

Thresholds move. Small estate limits range from roughly $15,000 in some states to well over $200,000 in others, and legislatures adjust them regularly. Several changed within the past year alone. This is a good reason not to rely on a number you read somewhere, including a number you read a year ago.

Sunset maintains the current threshold for every state and applies yours automatically, so you don't have to track this.

There are multiple paths. Formal probate, simplified or summary administration, small estate affidavits, spousal property petitions, and state-specific procedures like Texas muniment of title or an affidavit of heirship.

Everything passes by beneficiary designation, joint ownership, or trust. You file claims directly with each institution using a death certificate and proof of identity, and no court is involved.

Available when the probate estate falls below your state's threshold and any required waiting period has passed, typically 30 to 45 days after death. You sign a sworn affidavit, usually notarized, and present it to the institution holding the assets.

In most states this requires no court filing and no fee, which makes it by far the fastest route. Some states do require it to be filed with the court, and Sunset will tell you which applies to you.

Available in California and some other states when a surviving spouse is confirming ownership of community property. Simpler and cheaper than full probate, usually involving one brief hearing that is often waived.

For estates above the small estate threshold but still straightforward. Less paperwork and less court supervision than formal probate. Texas independent administration and Florida summary administration are examples.

For larger or more complicated estates, or where there are disputes among heirs or creditor problems. It involves notice to heirs and creditors, a hearing to appoint the personal representative, a detailed inventory, accountings to the court, and a petition for final distribution.

It's slow, often nine to eighteen months, and it's the path where an attorney is usually worth the cost.

We look at the factors that actually determine the answer:

Once the path is clear, we generate the documents for your specific state and county, pre-filled with the information already in your account and organized in filing order:

If a document needs notarizing, Sunset's free online notary is available 24 hours a day by video call.

You also get filing instructions: which documents in what order, how many copies your county wants, the exact court and its address, the filing fee, and what happens after you file.

Sunset does not file on your behalf, and does not provide legal advice. We prepare the paperwork. You file it, or an attorney does.

Property complicates probate, since title generally can't transfer without court authority. It's also the asset families most often need help selling.

Sunset supports real estate sales in all 50 states through a brokerage that specializes in probate and trust property. See our article on selling estate real estate.

98% of estates don't require a probate lawyer when using Sunset. That said, some situations genuinely call for one:

A few counties require an attorney for estates filed there regardless of size. If yours is one, we'll tell you and help you find representation.

Even when you do use an attorney, Sunset's prepared documents reduce the hours they need to bill.

Sunset charges nothing for any of this. Court costs are separate and set by your county:

Sunset gives you the exact filing fee for your county before you go.

Primary probate happens where your loved one was domiciled, with an ancillary proceeding in the state where the property sits. Two proceedings, coordinated by the same personal representative.

Common. Someone sets up a trust and then never retitles the bank accounts into it. Trust assets avoid probate, everything else doesn't. Often the leftover assets are small enough for a small estate affidavit.

Domicile is a legal determination based on driver's license, voter registration, tax filings, where their belongings were, and stated intent. If they moved shortly before death, which state governs may not be obvious.

State intestacy law decides who inherits. Estranged children generally still inherit. An unmarried partner generally does not, absent joint ownership or a beneficiary designation. Sunset can explain how your state's law applies, but we can't resolve the disagreements that follow.

While you wait for letters to be issued, discovery can continue and closure documents can be prepared. Nothing can actually close until you have authority, but everything can be staged so it moves the day you do.

If you're unsure whether probate applies to your situation, ask. Chat with us in the app, call (385) 707-0082, or email [email protected]. We reply to email within one business day.