When there is real property that is part of a probate
estate, and the value of the probate estate is higher than the limit for a
Small Estate, a Full Probate action must be brought.
This has particular legal requirements listing values,
creditors, notices, specific filings with the court, and publication of the
probate action taking place. This makes a full probate action costly even
without including attorney fees, yet the complexity can make attorney assistance
almost a necessity.
The Full Probate action takes several steps including
opening the probate action, having authority issued by the court to act on
behalf of the estate, and an inventory and accounting of the property in the
estate and value of the estate before real property can be sold.
After all that, the proceeds of the estate cannot be
distributed until the closing of the probate action. In this division the
estate first pays all costs of probate and debts of the estate before the
amount that is distributed to each beneficiary is calculated.