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For smaller estates, or to clear title to property, or for a surviving spouse when assets owned with a deceased spouse were not held in joint tenancy. A summary probate proceeding may be appropriate for smaller estates.  A summary probate proceedings may generally be completed in much less time, 30 days or less and at much less cost; typically $750 to $1,500 including attorney's fees and court costs.

The various summary probate proceedings are:

Estates $100,000 or less: This summary probate proceeding may be utilized when a deceased person's estate is $100,000 or less and the estate is to be distributed to those persons who are the lawful heirs of the decedent or to the beneficiaries of the decedent's will.  Care must be exercised in using this proceeding if the decedent had any significant debts or liabilities.  (Typical Cost: $1,000 to $1,500)

Spousal/Community Property Petition: This summary probate proceeding may be utilized to transfer title to property from a deceased spouse to the surviving spouse, regardless of the value of the property to be transferred.  It is typically used when the spouses did not hold title in joint tenancy.  (Typical Cost: $1,000)

Estates $20,000 or less: This is a much simplified proceeding for transferring title to small estates.  (Typical cost: $600)

Note: The fees quoted above are for uncontested proceedings.  Unusual circumstances may require additional fees.

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