3. Does Every Deceased Person's Estate have to go through
the Probate Court?
The answer is no. If property is held in joint tenancy, which can be determined by looking at the deed or document where the decedent is named with another person (or more) as joint tenants, such property does not have to go through the probate court and can be simply transferred to the surviving joint tenant by use of simple documents and death certificates. Also, certain "Payable on Death (P.O.D.) bank accounts where the decedent is a trustee for someone else, do not have to go through probate, and can also be simply transferred by presenting a certified copy of a death certificate.
Estates with total assets less than $100,000.00 and no real estate, do not need to go through the probate court. This procedure is called Summary Administration, where certain affidavits are presented to banks, etc., so the person entitled to receive the asset may receive it without going through the probate court.
Finally, living trusts, if drafted properly and all formalities followed (such as properly transferring property into the trust from the decedent's name), need not go through probate.
