As a San Francisco estate planning law firm, we often receive questions about California Small Estate probate procedures . Do I need to go through a costly probate over a small amount of money say, less than $100,000? There is a better way, probate code 13100-13115 provides for a simplified cost effective probate procedure for small estates.
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How to Probate a California Small Estate?
In California, there are simplified procedures for probating small estates. These procedures can save time and money compared to full probate. Unlike a full probate, which requires a minimum of 6 months of administration, a small estate probate can be resolved quickly if the estate qualifies as “small” (currently $184,500 or less for deaths after April 1, 2022) [Cal. Prob. Code § 13100].
Notwithstanding the forgoing, small estate procedures including § 13100-13115 may be used only if
- No probate has already been filed in California Or the decedents personal representative in that probate consents to the 13100 procedure in writing
- Waiting 40 days after the decedent’s death [Cal. Prob. Code § 13101(a)(3)].
- Completing the appropriate small estate affidavit form. Which must be completed by
- The heirs under a will
- Heirs of a decedent at law
- Guardians, conservators, or representatives of the decedents heirs
Prob.C. 13100-13006(b)
- Gathering necessary documents (death certificate, proof of ownership, etc.).
- Submitting the affidavit and documents to the institution holding the assets.
For estates including real property valued at $61,500 or less, you may need to file an Affidavit re Real Property of Small Value with the court [Cal. Prob. Code § 13200].
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Which estates qualify for Small Estate Affidavits?
Small Estates, worth less than $184,500 may use the “small estate affidavit” to transfer assets without going through court [Cal. Prob. Code § 13100].However, even if an estate qualifies as “small,” probate may be required if there are disputes among heirs or creditors.
Which Estates are Subject to Probate in California?
In California, an Estate which meets any of the following conditions must pass through traditional probate proceedings:
- Estates valued over $184,500 (as of April 1, 2022) [Cal. Prob. Code § 13100].
- Estates with real property valued over $61,500 [Cal. Prob. Code § 13200].
- Estates where assets are solely in the deceased’s name and lack beneficiary designations.
What assets can be transferred using small estate probate procedures?
Estates valued over $184,500 (as of April 1, 2022) [Cal. Prob. Code § 13100]. Are Subject to probate in California. However, certain assets are not subject to probate and can be transferred outside or probate using small estate procedures under Prob.C. 13100-13115 such as:
- Assets held in living trusts [Cal. Prob. Code § 16000 et seq.]
- Jointly owned property with right of survivorship [Cal. Civ. Code § 683]
- Assets with designated beneficiaries (e.g., life insurance policies, retirement accounts) [Cal. Prob. Code § 5000]
- Assets transferred through Transfer on Death (TOD) or Payable on Death (POD) designations [Cal. Prob. Code § 5500 et seq.]
- Spousal or domestic partner property under spousal set aside { Prob.C. § 13500 et se; Fam.C. § 297.5
- Insurance policy or retirement plaint Proceeds if estate is not a beneficiary Prob.C. §13005
- Unpaid Salary: Up to 5,000 in unpaid salary or other compensation owed to decedent from their employer [ Prob. C. §13050© ]
- Vehicles and state-registered property: if the Estate qualifies to pass outside probate, The Vehicle code and the Health and Safety code authority the non-probate transfer of vehicles and other state registered property) : including mobile homes, manufactured homes, undocumented vessels { Veh.C. § 55910. 9916; Health & Saf.C. 18102
How can San Francisco Estate Planning Lawyers help me?
Understanding these probate rules is crucial for effective estate planning in San Francisco and throughout California. While small estates may avoid formal probate, it’s always wise to consult with an experienced estate planning attorney to ensure your assets are protected and distributed according to your wishes. The California Probate Code provides for the periodic adjustment of the small estate threshold amount [Cal. Prob. Code § 890(a)]. This ensures that the definition of a “small estate” keeps pace with inflation and changing economic conditions. Estate planning laws often change. For personalized service, Call San Francisco estate planning Lawyers, The Bassin Law firm at 415-753-5245 for a free consultation on probate matters.