Summary probate - sustany/dvg GitHub Wiki

Summary probate is a simplified probate proceeding to administer the distribution of certain estates. Most states have provisions for summary probate proceedings. Generally, estates under a certain dollar amount and without a personal representative will qualify for summary probate. For example, California Probate Code �� 7601 and 7660 provide that when no personal representative is appointed to an estate, and the public administrator takes control of the estate, the public administrator may �summarily dispose of the estate.� The value of the property in the estate, however, cannot exceed $50,000, pursuant to California Probate Code � 7660(a)(2).�

The surest way for an individual planning their estate to avoid summary probate is to name a personal representative (also referred to as executor) in their will. Drafting a will without naming a personal representative will not necessarily avoid summary probate. For example, California Probate Code � 7660(b) allows the public administrator to summarily dispose of the estate notwithstanding the existence of a will, if the will fails to name an executor.��