Summary Probate Law and Legal Definition

Summary probate deals with probate of “small estates”. It is a comparatively simple probate proceeding available for "small estates," as that term is defined by state law. Every state's definition is different, and many are complicated. A few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.