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- In July 2019, the California Legislature passed Assembly Bill 473, which changes the laws that authorize various simplified procedures to dispose of a decedent's personal and real property valued below specified dollar amounts without a full probate administration by increasing those dollar amounts.
today.westlaw.com/Document/I48b640bbe91811e9adfea82903531a62/View/FullText.html?transitionType=Default&contextData=(sc.Default)California Small Estate Affidavit Procedure and Small Estate ...
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Apr 1, 2022 · There are three distinct procedures, often referred to as “transfers under California small estate statutes,” for collecting a decedent’s assets without a formal probate proceeding as follows:
Sep 4, 2024 · The bill will amend six sections of the Probate Code (Cal. Prob. Code § 13100-13101, 13150-13152, 13154) and repeal one section (Prob. Code § 13158). This is significant because it impacts how successors of decedents can manage a decedent’s real property.
Sep 22, 2021 · In a small estate, you can use an affidavit to transfer decedent’s assets, and avoid a formal probate proceeding in the California probate courts. The legal requirements have changed as of January 1, 2020 to qualify as a small estate.
Apr 10, 2024 · Navigating the Small Estate Affidavit process in California involves several key steps: Determine Eligibility : Confirm the estate qualifies as a “small estate” based on its total value. Wait for the Required Period : At least 40 days must have passed since the decedent’s death.
Oct 7, 2019 · Under current law, a small estate set-aside is allowed for a decedent whose net estate is valued below $20,000 and a small estate affidavit procedure is allowed for decedents whose gross estate is valued under $150,000.
Thankfully, many states have simplified procedures to probate a small estate. Each state’s threshold is different and can be lower or higher than California's. Some states even have a vehicle-only probate form or will simply let you transfer a certain number of vehicles without probate.
If the decedent died before April 1, 2022, the estate is small if it is valued at $166,250 or less. Check the current small estate limits to be sure what applies in your situation. Find out how to value an estate in simple procedures to transfer an estate.