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Singer Etta James Dies at 73; $1 Million Estate Possibly in Probate...
Posted on 2/4/2012

New 2012 Legislation AB 1305 Impacts California Probate...
Posted on 1/17/2012

Estate Planning and Incapacitating Chronic Illness in California...
Posted on 11/16/2011

California Raises Limit For Small Estates Procedure to $150,000...
Posted on 11/2/2011

The Simplified Procedure to Transfer Estates in California...
Posted on 11/1/2011

What Does A California Transfer Agent Do?...
Posted on 10/24/2011

A Durable Power of Attorney Can Make All the Difference in California...
Posted on 10/14/2011

When Is the California Decedent’s Income Tax Return “Fiduciary?”...
Posted on 10/8/2011

The Abstract Nature of Intangible Personal Property...
Posted on 10/6/2011

How Do You Define Real Estate in California?...
Posted on 10/1/2011

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Probate and Trust Administration

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Circumstances Where California Probate Is Not Necessary

California law has built-in exceptions limiting the necessity of probate court in certain cases. If an estate doesn’t exceed a set minimum, for instance, then there are only some basic filing procedures that will need to take place in order for an inheritance to be complete:

The estate holds only personal property worth $150,000 or less.

In this case, there will be a 40-day waiting period. After the waiting period, providing a death certificate and affidavit to the property holder will allow you to receive it without probate.

The estate holds real estate and personal property totaling $150,000 or less.

Similarly, you will have a 40-day waiting period. Here, a probate referee is needed to take an official inventory and appraisal of the property, which will be filed along with a petition or affidavit at probate court.

The estate holds only real estate worth $50,000 or less.

After a six-month waiting period, you will file a petition or affidavit along with an inventory and appraisal with probate court.

The estate’s sole beneficiary is a surviving spouse.

There is no waiting period; however, if a spouse is the only beneficiary to an estate, pleadings will need to be filed with probate court even though a full probate is not required. This is known as a simplified probate. A surviving spouse is not required to file an inventory or have the property appraised, but he or she might want to consider doing so anyway for tax purposes.

Are you looking for legal counsel in probate or trust administration for a California estate? The California trust lawyers at The Grossman Law Firm offer San Diego estate planning, probate, trust administration, will contests, and trust litigation. For a no-cost consultation, call toll-free at 888-443-6590, or use our quick online contact form.

Also, be sure to order Scott Grossman’s essential FREE book and DVD, Probate a Will or Administer a Trust after the Death of a Loved One.

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