A Probate is the legal process by which the deceased person’s property (real or personal) gets distributed to the persons entitled to receive the property.  If the property is personal property only (which includes bank accounts, insurance policies, brokerage accounts, stock and bonds etc.) then a Probate may only be necessary if the value is over $100,000 and there is no beneficiary listed on the account or insurance etc.  In this case, if the value is below $100,000 there may be a need for a Probate Code Declaration in order to distribute the funds.  If there is real property (real estate) then a Probate is needed.  The exception is if the value of the property is under $100,000 then a formal Probate is not necessary and the real property may be transferred to the heirs/beneficiaries by either a court executed  affidavit or by a shortened Probate known as a ‘petition for succession to real property’. Probate is complicated and is an area that requires full representation.