California Small Estates

What to do when a member of your family has passed away and there is hardly anything of value in the estate?

As of January 2020, an estate with assets valued at $166,250.00 or less, excluding certain types of assets, is considered a Small Estate. (Prob. Code 13100)

This type of estate (Personal Property) can be transferred by using a Small Estate Affidavit.

This form can be downloaded and must have a certified copy of a death certificate attached. Forty days must have elapsed from the date of death and there must not be a probate proceeding opened up on behalf of the decedent.

What About Real Estate?

As of January 2020:

Affidavit Re Real Property of Small Value (Less than $55,425.00); (Prob. Code 13200)

Forty days must have elapsed and there must not be a Probate opened up on the decedent’s estate. In addition:

There must be an Affidavit regarding Real Property of Small Value filed in the County Probate Court where the decedent resided attached with a Certified Copy of a Death Certificate, legal description of the property, a copy of the will if there was one left, and an Inventory and Appraisal Form from the County Probate Referee.

Obtain a certified copy of the paperwork that was filed and give it to escrow if the property is being sold.