Summary probate is a simplified version of the normal [Probate](/glossary/probate) process, used to settle the affairs of a deceased person's [Estate](/glossary/estate) when its value falls below a certain threshold specified by state law. 

The purpose of summary probate is to provide a faster, cheaper, and less complex method for paying the [Debts](/glossary/debt) and distributing the [Assets](/glossary/assets) of a deceased person's estate as compared to the traditional probate process.

## The specific rules and requirements for summary probate vary by state, but common characteristics of small estate probate include:

**Value Threshold:** To qualify for summary probate, the total value of the deceased person's assets typically must be below a specific threshold set by the state's probate laws. The threshold can vary significantly from one jurisdiction to another.

**Eligibility:** Not all estates are eligible for summary probate. It is generally reserved for cases with relatively small and uncomplicated estates. The eligibility criteria may vary depending on the jurisdiction and may not only be tied to the value of the estate. 

**Simplicity and Speed:** summary probate is designed to be a more streamlined and expedited process compared to regular probate. It is intended for cases where the estate is relatively straightforward and of small value.

**Court Oversight:** Although summary probate is less "formal" than regular probate, it still requires [Probate Court](/glossary/probate-court) oversight and an [Executor](/glossary/executor) or [Administrator](/glossary/administrator) may still be required to help manage the process. 

**Limited Documentation:** In summary probate, the required documentation and paperwork are typically simplified and reduced compared to regular probate. This is to facilitate a quicker resolution of the estate.

**Creditor Claims:** During summary probate, there is a specific period for [Creditors](/glossary/creditors) to make claims against the estate. After the deadline passes, the estate's assets can be distributed to beneficiaries without further creditor claims.

The laws and regulations that govern summary probate vary by location, and the rules can be complex. As such, it's advisable to consult with an [Estate Attorney](/glossary/estate-attorney) or [Probate Attorney](/glossary/probate-attorney) for guidance. 

Also known as <a href="/glossary/small-estate-probate">Small Estate Probate</a>.

A title is a legal document that refers to the ownership rights a person or entity holds in a property or other type of [Asset](/glossary/assets). Titles establish the lawful right for the  owner to possess, use or transfer the asset. 

These types of assets can include real estate property, vehicles, other types of personal property, or financial accounts.

## After a death, titles are important in many ways: 

**Probate and Title Transfer:** A deceased person's assets are typically transferred to their [Heirs](/glossary/heir) or [Beneficiaries](/glossary/beneficiaries) according to their details outlined in their [Will](/glossary/will) (if they have one), or the according to state law if they did not. This transfer occurs during the [Probate](/glossary/probate) process and the titles of these assets are officially transferred from the deceased's name to beneficiaries' names.

**Automatic Transfer:** In some cases, certain assets may be able to bypass probate entirely due to the structure of their ownership titles. For example, assets held jointly, known as [Joint Tenancy](/glossary/joint-tenancy), or assets with designated beneficiaries (e.g., life insurance policies, retirement accounts), transfer directly to the surviving co-owner or beneficiaries outside of probate.

**Real Estate:** Real estate ownership is typically represented by a [Deed](/glossary/deed) which specifies the legal owner's title. After a death, a deed is used as the legal document to transfer titles from the deceased to another person. This process may require probate, depending on state law, or the property ownership structure (for example, if the property was owned jointly).

**Vehicles and Personal Property:** Similar to real estate, vehicles and personal property also have titles that establish ownership. After the owner's death, the transfer of these titles may be occur during probate or handled through procedures established by state laws.

**Account and Financial Titles:** Financial assets, such as bank accounts, stocks, and bonds, may have account titles or ownership designations. After a death, the titles of these financial assets may need to be updated to reflect the new owner.

The concept of title is crucial for identifying ownership, transferring assets, and ensuring that assets are distributed according to the deceased person's wishes or applicable state law. 

During probate, it's helpful to work with an [Estate Attorney](/glossary/estate-attorney) or [Probate Attorney](/glossary/probate-attorney) to ensure that titles are appropriately managed and that assets are transferred to the rightful heirs or beneficiaries.

A title company is a specialized firm that helps manage the transfer of real estate property after the death of an owner. 

They help research real estate [Titles](/glossary/title) to verify that the deceased owned the property, identify any existing [Liens](/glossary/lien), and ensure that it's clear for transfer to [Surviving Family](/glossary/surviving-family) members, [Heirs](/glossary/heir) or other [Beneficiaries](/glossary/beneficiaries).

Title companies also provide insurance to protect against unforeseen issues when [Administering](/glossary/administer-the-estate) the deceased's [Estate](/glossary/estate). 

## Title companies help after the death of a property owner in a number of ways including: 

**Title Search and Verification:** They conduct a comprehensive title search to verify the legal ownership of the property within the deceased's [Estate](/glossary/estate). This is a critical step to confirm the title's legitimacy and identify any potential issues that need to be addressed during the [Probate](/glossary/probate) process.

**Title Insurance:** Title companies may offer insurance policies that protect the new owners (heirs or beneficiaries) from any unforeseen claims or disputes related to the property's ownership or title that may arise during or after the probate proceedings.

**Facilitating Property Transfers:** They assists in the smooth transfer of property ownership by preparing the necessary legal documents, such as [Deeds](/glossary/deed) or [Affidavits](/glossary/affidavit), to formally transfer the property to the rightful heirs or beneficiaries as determined by probate proceedings and in accordance with the wishes outlined in the deceased's [Last Will and Testament](/glossary/will).

**Resolution of Title Issues:** They address any title issues or discrepancies that may arise during the [Estate Settlement](/glossary/settle-the-estate) process, working to resolve them to ensure a clear and marketable title for the property.

**Collaboration with Probate Attorneys:** Works closely with [Real Estate Attorneys](/glossary/real-estate-attorney), [Estate Attorneys](/glossary/estate-attorney), and [Probate Attorneys](/glossary/probate-attorney) to ensure that property-related legal aspects are handled correctly and in compliance with state laws and regulations.

**Closing Services:** They coordinate the closing of real estate transactions, facilitating the signing of documents and the exchange of funds, ultimately completing the property transfer in accordance with the probate orders.

Officiants lead the funeral service ceremony by speaking first and welcoming everyone to the gathering. 

Additionally, they will: 
- Introduce themselves and their relationship with the deceased
- Talk about the deceased or give a eulogy 
- Introduce other speakers 
- Provide information about additional services or events after the funeral 
- Lead attendees in prayer or song, depending upon the level of religious affiliation

There are many kinds of religious leaders who may be available to officiate a funeral. 

Some examples of religious leaders who officiate funerals are:  

- Christian - Pastor
- Catholic - Priest or Deacon
- Jewish - Rabbi
- Muslim - Imam
- Buddhist - Monk or family member
- Hindu - Priest or family member
- Orthodox Christian - Priest
- Jehovah's Witness - Elder
- Mormon - Bishop
- Other religions and faiths - Consult with a member of that faith

The term “clergy” is used broadly to refer to religious leaders across many different denominations and faiths. 

When seeking someone to assist with a funeral service, contact local religious organizations to learn about the process and check availability.



An officiant is someone who leads a funeral or memorial service by serving as a "master of ceremony." 

They help to keep the service's program organized and moving forward so that all speeches, religious customs, and ceremonies have been taken care of. 

Anyone can serve as an officiant, though the role is usually filled by a family member, friend, religious leader, or funeral director. 

Once the surviving family has chosen a person to be the officiant, it's important to speak with them about what's needed, including any specific concerns or requests. 

![Lightbulb_Icon.svg](https://res.cloudinary.com/funeralchecklist/image/upload/v1651602606/Lightbulb_Icon_11fd0e0491.svg)**Good to Know**
A member of the clergy may not require payment to speak, but it can be customary to provide them with a donation, known as an honorarium. The amount is typically chosen by the surviving family. 

![Exclamation_Icon.svg](https://res.cloudinary.com/funeralchecklist/image/upload/v1651602606/Exclamation_Icon_a345755770.svg)**Important**
If the service is organized by a funeral home, then the honorarium may be included in the price of their services. Check with the funeral director and your contract to determine what's included. 



After a final disposition has been chosen, and its associated products and services have been purchased, it's time to organize the funeral service, memorial service, and other events and types of commemoration ceremonies.

This chapter describes the components of traditional ceremonies, but these are highly personal events. So, when planning, make sure to include anything of importance to the deceased and surviving family.

![Lightbulb_Icon.svg](https://res.cloudinary.com/funeralchecklist/image/upload/v1651602606/Lightbulb_Icon_11fd0e0491.svg)**Good to Know**
Organizing these events can be difficult because they include lots of moving parts, so feel comfortable asking friends and family for support. It may help to create a text, WhatsApp, or Facebook Messenger group to easily share information. 

![Mail_Icon.svg](https://res.cloudinary.com/funeralchecklist/image/upload/v1652121688/Mail_Icon_158a5d9047.svg)**Contact Us**
If you have any questions, don't hesitate to [contact us for further assistance](/contact).

Select officiant

Helpful Tips

What do officiants do during a funeral service?

Religious leaders that often serve as officiants

Actions

On this page