Federal law overview
Probate law is state law. Federal law governs estate taxes (IRC § 2001 et seq.) for estates exceeding the federal exemption ($13.61M in 2024). Most family estates are exempt from federal estate tax. Beneficiary designations on IRAs, 401(k)s, life insurance, and joint accounts pass outside probate — these assets do not go through the probate court process.
Generic AI prompt template
I am the executor / administrator of the estate of [DECEASED NAME], who died on [DATE OF DEATH] in [STATE]. The estate includes [BRIEF DESCRIPTION OF ASSETS]. I need to: [CHOOSE: notify a creditor / request account closure from a financial institution / prepare a small estate affidavit]. Draft the appropriate letter / document that: (1) identifies me as executor / administrator by name [NAME] and includes Letters Testamentary / Administration number [NUMBER] if applicable, (2) states the decedent's full name, date of birth [DOB], date of death, and last address, (3) specifies what I am requesting and the legal authority for the request, and (4) lists the enclosed documentation.
State-specific guides — Estate / Probate Paperwork
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Frequently asked questions
Does everything go through probate? +
No. Assets with beneficiary designations (life insurance, retirement accounts, TOD/POD accounts) and joint tenancy property pass outside probate directly to the named beneficiary or survivor. Only assets titled solely in the decedent's name without a designated beneficiary typically go through probate.
What is a small estate affidavit? +
A small estate affidavit is a legal document that allows an heir to claim estate assets without going through full probate, if the estate is below the state's dollar threshold. Thresholds vary widely — from $5,000 to $200,000 depending on the state.
How do I notify creditors? +
Most states require the executor to publish a notice to creditors in a local newspaper and to send direct notice to known creditors. Creditors then have a limited time (typically 2–6 months) to file claims against the estate.
Do I need a probate attorney? +
For simple estates with clear beneficiaries and no disputes, many people navigate probate themselves. For contested estates, significant assets, or complex tax issues, a probate attorney is worth the cost. Contact your state bar's lawyer referral service.