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Assets Subject to the California Probate Court Probate assets include any personal property or real estate that the decedent owned in their name before passing. Nearly any type of asset can be a probate asset, including a home, car, vacation residence, boat, art, furniture, or household goods.
Alaska has two ways of avoiding probate. One is an affidavit procedure that allows heirs to completely skip probate when the value of the estate is $50,000 or less after liens, encumbrances, and the value of vehicles that are $100,000 or less have been subtracted.
In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value, not exceeding $10,000 in excess of security interests in the items, in household furniture, automobiles, furnishings, appliances, and personal effects.
If you create a revocable trust, you will need to choose a Trustee and decide how the property will be managed after you die. If you want to avoid probate, you will also need to transfer ownership of all of your property to the revocable trust or name the revocable trust as a beneficiary of your property.
After Filing the Petition If you are appointed the Personal Representative, the court will send you the Letters Testamentary (or Letters of Administration) once it is signed by the clerk or magistrate. This is the document that you will use to prove that you are authorized to act on behalf of the estate.
How Long Do You Have to File Probate After Death in Alaska? There is no limit to when you can file a will with probate court after the deceased passes in Alaska.
The spouses can agree that when one spouse dies, title to the other half of the property passes automatically to the surviving spouse or passes through probate to the beneficiaries or heirs of the spouse who died.
In fact, many estates can be settled without any court involvement at all. Estates valued at less than $50,000, plus $100,000 worth of motor vehicles, can often avoid the probate process in court, provided the estate contains no real property (land or a home).