Probated decedent's estate is a legal process to settle a decedent's estate with or without a will where the estate is in excess of $100,000.00 and/or there is real estate involved. A probate estate does not include joint tenancy property, trust property, POD or beneficiary designated property such as life insurance or retirement accounts. These assets pass on by operation of law. Probated assets include any asset left in the sole name of the decedent; or any asset where there is no designated beneficiary; or the beneficiary has predeceased the decedent. If the total probated asset of the decedent is less than $100,000.00 and there is no real estate left in the name of the decedent, then a Small Estate Affidavit may be utilized to transfer the property to the legatees [persons taking under a will] or heirs at law [persons who inherit by statutory provisions of the probate code].

It is important to seek legal counsel when a decedent leaves property to be distributed, so that the proper avenues are taken to settle the estate.


In probate court, you can petition for guardianship of either a minor child or a disabled adult. These proceedings become necessary when there are no documents in existence to designate the person you would want to take care of your children or yourself in case of death or disability.