fbpx

How to Avoid Probate Court

In California, passing property from a deceased’s small estate to beneficiaries requires special procedures.

A California small estate #probate affidavit can transfer personal property in an estate with real and personal property worth less than $166,250 without formal probate proceedings, thereby avoiding court 🏛️ altogether.

California Small Estate Probate Affidavit for Personal Property

Personal property may be transferred with a non-court affidavit at least 40 days following death of the decedent. 

If there are multiple assets, you can list them all on one affidavit or list each asset on a separate affidavit. 

California Small Estate Probate Affidavit For Real Property

If the value of the estate’s real property is under $55,425, you can transfer title to the property by filing an Affidavit for Real Property of Small Value.

The Affidavit re: Real Property of Small Value must specify the value of the decedent’s estate. 

To calculate how much the estate is worth, the beneficiary or heir must combine the value of the decedent’s personal and real property.

The decedent’s real property refers to land owned by him, excluding certain property such as:

❌ Real estate 🏘️ located outside California

❌ Property that can pass to the deceased’s spouse by law

❌ Vehicles 🚗 and motorhomes

Use A People’s Choice to Help Settle Your Estate

If you are considering settling an estate by using a California small estate probate affidavit and want to avoid the high cost 💰 of attorney’s fees, contact A People’s Choice (“APC”) @apeopleschoiceinc

Additionally, if you or an heir need more information about California probate and various California simplified probate procedures go to apeopleschoice.com. The process can be started through APC’s convenient online system.