Examples of the $100,000 Test

1. Personal Property = $100,000
Real Property = 0
Value of probate assets = $100,000.
Result: Passes $100,000 Test:

• Personal Property Affidavit procedure may be used for any and all of the probate assets.
• If used for all of the probate assets, then no probate procedure should be necessary.

2. Personal Property = $80,000
Real Property = $20,000
Value of probate assets = $100,000.
Result: Passes $100,000 Test:

• Personal Property Affidavit procedure my be used for any and all of the personal property.
• Probate procedure will likely be necessary, however, to transfer the real property (and any personal property not transferred through this Personal Property Affidavit procedure).

3. Personal Property = $80,000
Real Property = $25,000
Value of probate assets = $105,000.
Result: Fails the $100,000 Test:

• Personal Property Affidavit procedure cannot be used at all.
• Probate procedure will likely be necessary — to transfer all the probate assets.