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The Simplified Procedure to Transfer Estates in California

Posted on Nov 01, 2011

In a separate post, we broke the news that the State of California has raised the limits under the Small Estates simplified transfer procedure. Effective January 1st, 2012, the current level of $100,000 will change to $150,000. It is also worth considering that the limits only concern property that needs to be probated, not the various assets that escape the California probate process altogether.

How Does the Small Estates Procedure Work?

The summary procedure is available for personal or real property, provided:

• There have not been any administration proceedings for the decedent's estate.
• If there have been, then the personal representative of the estate has agreed in writing to the simplified procedure.
• The gross value of the real and personal property owned in California by the decedent does not exceed $100,000 ($150,000 as from 01/01/2012).

Note that "gross value" means that one cannot deduct the value owed by the estate to creditors.

The simplified transfer procedure does not require any published notice or special rules to notify creditors, and the original will does not have to be filed with the court.

There are two different procedures:

• One for personal property (jewelry, furniture, clothes...), with a waiting period of 40 days. The transfer requires a simple affidavit (sworn statement).
• One for real property (not exceeding $20,000, increased to $50,000 as from 01/01/2012), with a waiting period of 6 months. The transfer requires an affidavit filed with probate court.

The waiting period starts as from the date of death, and gives creditors time to make their claim against the estate known.

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