Probate can take several different forms, but the overall goal is the same: to settle the decedent’s affairs, pay any outstanding obligations, and transfer the remaining property to the rightful heirs. The process is designed to accomplish these tasks as efficiently and cost‑effectively as possible.

Types of Probate

- Independent Administration

Independent administration is the most common probate method because it minimizes court involvement and reduces costs. In this process, the court appoints a personal representative—often the executor named in the will—who is authorized to handle the estate’s affairs with minimal judicial oversight

- Dependent Administration

Dependent administration is required when there is no valid will, the will does not authorize independent administration, or the heirs cannot agree to proceed independently, resulting in a probate process that involves significant court supervision and higher costs. Because the court must also determine who the legal heirs are, this process includes a formal heirship proceeding, ending with a judicial order identifying each heir and their share of the estate under intestacy laws.

- Probate of a Will as a Muniment of Title

This streamlined probate option is available when the decedent left a will, has no unsecured debts, did not receive Medicaid after March 1, 2005, and when no formal administration is needed. In these cases, the will can be admitted as a Muniment of Title, allowing property to pass directly to the named beneficiaries without appointing a personal representative.

- Small Estate Affidavit

This low‑cost probate option is available when there is no will, the estate’s non‑exempt assets exceed its known debts, and the total value of non‑exempt property (excluding the homestead) is under $75,000. It relies on sworn statements from knowledgeable witnesses to establish the heirs, allowing the court to approve the heirship without appointing a personal representative, so third parties can rely on the court‑recognized heir information.