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California Raises Limit For Small Estates Procedure to $150,000

Posted on Nov 02, 2011

The Small Estates procedure of the California probate code allows the distribution of the decedent's estate without formal probate if the value of the estate is limited. Several changes have been introduced that will become effective on January 1st, 2012:

• Heirs and beneficiaries can collect the decedent's property without formal probate proceedings if the gross value of the estate does not exceed $150,000. This limit is currently set at $100,000. The transfer can be done either by a simplified probate procedure or by an affidavit (sworn statement).
• The limit for transferring real property through a simple affidavit filed in superior court, currently set at $20,000, has been raised to $50,000.
• A surviving spouse or domestic partner will be able to use an affidavit to collect salary owed to the deceased spouse to a maximum amount of $15,000, which is up from the current limit of $5,000.

Under the Small Estates procedure, there are no special rules to notify potential creditors, and the entire transfer process can be completed in a few weeks. The above mentioned limits can be misleading because many assets are not included in the calculation of the estate's value, such as real estate outside California, joint tenancy property, and other assets that are exempt from California probate.

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