Petition to Set Aside

A 'set aside without administration' is a simplified probate process for small estates where the net value of decedent’s estate is less than $100,000.  Decedent may have land/homes that need to be transferred plus other property.

This process requires filing a petition with a list of assets, debts, and their values, and then sending notice to the decedent's heirs, devisees, creditors, and Medicaid.  Assets are used to pay creditors first, but if there's a surviving spouse or minor children, the court can allocate the entire estate to the spouse or minor children without paying creditors.

The 'set aside' process requires a court hearing, but generally requires fewer hearings than the administration processes of larger estates.