Probate in the US

If a person dies having some amount of property and even though making a last will and testament including appointment of the executor, the formal probate is in principle proceeded in the US unlike Japan. To give an example, in the case where the decedent having the US nationality and domiciling in the US, leaves banking accounts in the US, and the heir having the US nationality starts to handle the inheritance procedure, the formal probate process is generally needed. When it comes to proceeding, it is said that above procedure takes a few years on average.
However, whether such formal process is necessary or not depends on statute of each state.

In CA, when the decedent dies before April 1,2022, if the value of the entire property does not exceed $166,250, there is the possibility that the heir uses a Small Estate Affidavit, not going through a formal probate process at the court. On the other hand, if the decedent dies on April 1,2022 or later, the above amount changes to $184,500 or less. As other condition, it is enumerated that at least 40 days elapse since the death of the decedent (CA§13100,13101).

In FL, in case where the decedent dies having the entire estate which is valued at $75,000 or less, and at least 2 years elapse since the death of the decedent, the heir can use the simplified probate process known as Summary Administration (FL§735.201) .

As mentioned above, the specified amount that the heir does not need to proceed the formal probate varies on states. In particular, when making a last will and testament in Japan, it is better that the testator with non-Japanese nationality pays attention not only to an applicable law which has influence on effectiveness regarding the contents of the will, but also to clauses of each state statute which stipulate detail procedure.