Simplified Probate in California
Small Estate Threshhold Has Increased Effective January 1, 2020
Small California estates with assets worth $166,250 or less may be settled without formal probate proceedings, using relatively simple transfer procedures. This summary form of probate (Summary Probate) is available regardless of whether the assets are real property or personal property as long as the following are true:
- No administration proceedings are pending or have been conducted for the decedent’s estate or, if they have, the personal representative has consented in writing to the summary probate procedure.
- The gross value of all real and personal property owed by the decedent in California on the date of death is no more than $166,250. (This figure is the value of the property, not counting any money owed on the property.)
If the estate qualifies, anyone entitled to inherit property from the decedent, whether as a beneficiary under the will or an heir under intestate succession laws, may settle the estate and obtain title or possession of the property with these simplified probate transfer procedures. In most cases, the procedure can be completed shortly after the initial 40-day waiting period.
There are three separate California summary probate procedures for small estates:
- At least 40 days must have elapsed since the death of the decedent before the affidavit or declaration is presented to the holder of the property.
- No administration proceedings may be pending or have been conducted for the decedent’s estate.
- The affidavit may not be filed until six months after the decedent’s death. No probate proceedings may be pending or have been conducted in California for the estate.
- Funeral expenses, last illness expenses and all unsecured debts of the decedent must have been paid before the affidavit is filed.
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- At least 40 days must have elapsed since the death of the decedent before the affidavit or declaration is presented to the holder of the property.
- No administration proceedings may be pending or have been conducted or the decedent’s estate.
- The gross value of the real and personal property in the estate does not exceed $166,250 (excluding the allowed exceptions).
This abbreviated proceeding can be used to transfer title to real property under $166,250 more quickly than is allowed under the affidavit procedure, which has a six-month waiting period.
A Spousal Property Petition would be appropriate for the following types of property:
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- Real property held in the names of the spouses in joint tenancy or where the deed does not indicate the manner in which title is held,
- Real property held in the name of the decedent alone or with a third party,
- Securities, stocks and bonds in the names of the spouses as “community property” or “tenants in common” or in the name of the decedent alone,
- Trust deed notes or promissory notes payable to decedent alone or decedent and surviving spouse,
- Motor vehicles in name of decedent alone or in name of decedent and surviving spouse but not joined by “or”
- Bank accounts in the name of the decedent alone or decedent and surviving spouse.
The Spousal Property Petition is filed in the county in which the estate of the deceased spouse is to be administered.
When Simplified Probate Procedures Don’t Apply
Unfortunately, the above Simplified Probate procedures may not be available for some estates. When a person has died and has not made necessary pre-death arrangements to avoid probate, and when the estate does not qualify under one of the Simplified Probate procedures offered under California law, the only option may be to file a full, formal probate proceeding. For more information on filing a complete Probate proceeding click here.
Filing Your Simplified Probate Proceeding Using our Self-help Services: In view of the voluminous paperwork required by the court, preparing all of the necessary probate documentation can be extremely overwhelming for the average lay person. For routine proceedings, this process can easily be facilitated with our full service document preparation and processing.