Small Estates and Summary Proceedings
Administering an estate in California is not a one-size-fits-all process. Yet for small estates, there may be simpler ways to administer the affairs. This is known as summary proceedings. Furthermore a good San Diego probate lawyer can help determine the best method for proceeding. Therefore small Estates and Summary Proceedings may be an option to full probate for those who qualify.
While meeting with your attorney, he or she will evaluate the following to determine the best procedure for your situation:
- Your relationship to the decedent
- The character of the property in the estate
- The title to the property
- The size of the estate
If the size of the estate is less than $100,000, the attorney may then suggest the use of any of the below forms to help you accomplish the transferring of property without going through a full probate proceeding:
- Affidavit for Collection or Transfer of Personal Property
- Affidavit re Real Property of Small Value
- Petition to Determine Succession to Real Property
- Spousal or Domestic Partner Property petition
He or she may also direct you to the California Department of Motor Vehicles for assistance with transferring a vehicle without opening up a probate proceeding.
The decision as to which proceeding most the makes sense for your situation revolves largely around the type, title, and amount of assets owned by the decedent. Sometimes, however, it can be difficult to determine exactly which assets are a part of the estate. Our article, Finding the Assets: Helpful Tips for Administering a California Estate, offers helpful steps for finding, managing, and controlling assets of an estate. Our free guide, The Insider’s Guide to California Probate and Trust Administration, offers further guidance to the administration process. Contact an experienced San Diego probate court attorney at the Grossman Law Firm today for more information. Call our office at (888) 443-6590.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307