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CALIFORNIA SIMPLIFIED PROBATE PROCEEDINGS

A People’s Choice can save you thousands of dollars by preparing your California probate documents instead of an expensive probate attorney!

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Our online learning center provides quick access to valuable information contained in our web site, California and Federal Codes, Court web sites and other legal sources of information.

Simplified Probate Procedures: Small California estates with assets worth $150,000 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:

  1. 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.
  2. The gross value of all real and personal property owed by the decedent in California on the date of death is no more than $150,000. (This figure is the value of the property, not counting any money owed on the property).

There are four separate California summary probate procedures for small estates:

  • For personal property,
  • For real property not exceeding $50,000 in value,
  • For real or personal property not exceeding $150,000 in value and,
  • For property entitled by a surviving spouse.

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 in just a few weeks after the 40-day waiting period).

In addition to the above procedures for small California estates, there is also a simplified California probate procedure for spouses or domestic partners. Refer to the Spousal Property Petition section below.

Determine whether you can use a simplified procedure: To find out if some or all of the decedent’s assets may be transferred using one of the simplified probate procedures referenced in 1, 2 or 3 above, you must first compute the gross value of all property the decedent owned when he or she died.

Property excluded from computation: Certain assets are not counted in computing whether or not the probate estate falls within the $150,000 gross value limitation. As a result, many larger estates may qualify to use these summary procedures to collect or transfer minor assets that would otherwise require a formal probate proceeding. The following property isn’t counted:

        1. Real property outside California,
        2. Joint tenancy property,
        3. Property passing outright to a surviving spouse,
        4. Life insurance, death benefits or other assets that pass directly to named beneficiaries outside of probate,
        5. Multiple-party accounts and pay-on-death accounts,
        6. Any manufactured home, mobile home, commercial coach, floating home or trust camper  registered under the Health and Safety Code,
        7. Any vessel numbered under the Vehicle Code,
        8. Any motor vehicle, mobile home, or commercial coach registered under the Vehicle Code,
        9. Amounts due the decedent for services in the armed forces,
        10. Salary or other compensation not exceeding $5,000 owed the decedent,
        11. Property held in trust, including a living trust in which the decedent had a life estate or other estate that terminated on the decedent’s death.

SIMPLIFIED PROBATE PROCEDURE #1: Transferring personal property by affidavit: To receive property by this streamlined procedure, the person entitled to the property must present an affidavit to the person, representative corporation or institution having custody or control of the property, or acting as a registrar or transfer agent of the property, requesting that the property be delivered or transferred to them. If there are several assets to be transferred, they may all be included in one affidavit, or a separate affidavit may be used for each. When using this affidavit procedure to collect or transfer personal property, the following rules apply:

    1. 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.
    2. No administration proceedings may be pending or have been conducted for the decedent’s estate.
       

SIMPLIFIED PROBATE PROCEDURE #2: Transferring real property not exceeding $50,000 in value: If the estate contains real property not exceeding $50,000 in value, title to the property can be obtained by the successors of the decedent by filing an Affidavit re: Real Property of Small Value with the Superior Court of the county in which the property is located and then recording a certified copy with the county recorder. Some special requirements apply to this procedure:

    1. 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.
    2. Funeral expenses, last illness expenses and all unsecured debts of the decedent must have been paid before the affidavit is filed.
       

SIMPLIFIED PROBATE PROCEDURE #3: Transferring Real Property Not Exceeding $150,000 in Value: If the decedent owned property in California not exceeding $150,000 in value, the heirs or beneficiaries may file a simplified procedure with the Superior Court asking for an order to determine their right to take the property without probate administration. The petition is called a Petition to Determine Succession to Real Property. It is primarily used for real property, but also includes a request to determine the successor of certain personal property as well. If there is only personal property in the estate, the affidavit discussed above under “Personal Property” should be sufficient. When using this Petition procedure to collect or transfer real property under $150,000 in value, the following rules apply:

    1. 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.
    2. No administration proceedings may be pending or have been conducted or the decedent’s estate.
    3. The gross value of the real and personal property in the estate does not exceed $150,000 (excluding the allowed exceptions).
       

This abbreviated proceeding can be used to transfer title to real property under $100,000 more quickly than is allowed under the affidavit procedure, which has a six-month waiting period.

SIMPLIFIED PROCEDURE #4: Spousal Property Petition: All property that a surviving spouse or domestic partner is entitled to receive outright from a deceased spouse or partner may be “set aside” to the survivor without formal probate. There is no limitation on the amount or value of the assets to be transferred and includes community property, separate property and quasi-community property (property acquired by married or registered couples outside California that would have been community property if acquired in California). To qualify as a “surviving spouse,” the survivor must have been legally married to the decedent at the time of death. To qualify as a “surviving registered domestic partner,” you must have registered your partnership with the decedent through the California Secretary of State by filing a Declaration of Domestic Partnership Form DP-1.

A Spousal Property Petition would be appropriate for the following types of property:

    1. 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,
    2. Real property held in the name of the decedent alone or with a third party,
    3. Securities, stocks and bond in the names of the spouses as “community property” or “tenants in common” or in the name of decedent alone,
    4. Trust deed notes or promissory notes payable to decedent alone or decedent and surviving spouse,
    5. Motor vehicles in name of decedent alone or in name of decedent and surviving spouse but not joined by “or”,
    6. 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 may be administered.

When The Simplified 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 Proceeding Using our Self-help Services: In view of the voluminous paperwork required by the court, preparing all of the necessary probate documentation can easily be overwhelming for the average lay person. For routine proceedings, this process can easily be facilitated with our full service document preparation and processing.

A People’s Choice can save you thousands of dollars by preparing your California probate documents instead of an expensive probate attorney!

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Information provided through this site has been taken from self-help informational publications provided by the Court or other legal sources believed to be reliable. This information is general, published, factual information and should not be cited on or relied on as legal authority nor should it be considered legal advice. It is always recommended that you seek legal advice from an attorney before filing any legal proceedings. Many attorneys offer free consultations

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