Probate is the legal process for distributing a deceased person’s assets and settling their debts. A court oversees this process to ensure assets go to the right heirs or beneficiaries. Probate can take years and often involves considerable court fees and legal costs.
Simplified probate provides a faster and less expensive option for small estates. California allows certain estates to skip formal probate if the total value of the estate falls below a set amount. Heirs can use small estate affidavits or other simplified processes to transfer assets without going to court. This can allow families to access funds and property more quickly. However, not all estates qualify, and some assets still require formal probate.
Who Qualifies for Simplified Probate in California?
California limits simplified probate to estates below a specific value. As of 2022, an estate qualifies if its total value is $184,500 or less. An estate’s value includes the real and personal property it contains but excludes some assets, such as cars and jointly owned property.
Heirs must wait at least 40 days after the person’s death to use small estate affidavits for personal property transfers. The estate must also have no ongoing probate case. If someone has already filed for formal probate, the small estate process cannot be used unless the court or personal representative approves. Real estate transfers require different procedures, even if the estate qualifies as small.
Does Simplified Probate Apply to Real Estate?
No. California’s small estate affidavit process only applies to personal property, such as bank accounts, stocks, and other financial assets. It does not allow heirs to transfer real estate (houses, land, or buildings). A different process is necessary to transfer real estate, even when the total estate value falls below the small estate limit.
Heirs may use an Affidavit re Real Property of Small Value (Form DE-305) to transfer real estate worth $66,250 or less. This form requires court approval but is still simpler than full probate. Surviving spouses may also file spousal property petitions to claim real estate without formal probate. Heroes must often go through the formal probate process for larger properties or situations involving unclear ownership.
Other Probate Alternatives for Property Transfers
Certain assets do not require probate at all. These assets automatically transfer to named beneficiaries or joint owners, regardless of estate value. Examples include:
Jointly Owned Property: Property held in joint tenancy automatically goes to the surviving owner.
Accounts with Named Beneficiaries: Life insurance policies, retirement accounts, and payable-on-death bank accounts transfer directly to designated beneficiaries.
Trust Assets: Property in a trust bypasses probate and transfers to named beneficiaries according to the trust’s terms.
Spousal Property Petition: Surviving spouses can file petitions to confirm ownership of community property without probate court oversight.
Do You Need a Lawyer for Simplified Probate?
California allows you to handle small estate transfers without a lawyer, but it’s always a smart idea to get legal guidance for probate and estate matters. Using the wrong form or miscalculating estate value can cause delays. Banks or institutions might also refuse affidavits if they misunderstand the law. Estate administration lawyers can help heirs correctly complete forms, resolve disputes, and communicate with financial institutions.
Estate planning with an attorney can also prevent problems before they arise. A lawyer can help you create wills, trusts, and beneficiary designations that keep your assets out of probate. For estates with real estate, debts, or complicated asset distributions, an attorney can facilitate a smoother process and give you peace of mind.
Contact a Probate and Estate Planning Attorney Now
Need help with a small estate transfer or probate matter in Palm Springs, California? Heritage Legal, PC can provide the clear answers and practical solutions you need. Contact us today for a free initial consultation to discuss your options.