California Probate Code Section 13100 Small Estate Affidavit
One of the easiest ways to Avoid Probate, if your Estate qualifies, is to use the California Small Estate Affidavit procedure. Assets are not subject to probate if they qualify.
California Probate Code Section 13100 et seq. sets forth the basic requirements to use this process:
- The gross value of the Estate for which you are trying to use this Affidavit procedure is less than $150,000.
- The Decedent has been deceased for at least forty (40) days
- The successor to the Decedent may take possession of certain property without Probate, if he or she completes an Affidavit pursuant to California Probate Code Section 13101, in which they make certain declarations as required by law
Generally, the California Small Estate Affidavit procedure is not used in place of a Living Trust.
It is normally used when one or more small assets of the Estate are inadvertently left out of the Trust, and a Beneficiary or Heir (a successor to the Decedent) wishes to take possession of the asset without Probate.
However, the California Small Estate Affidavit procedure will not work if there is a Probate case going on simultaneously.
One of the requirements of the Small Estate Affidavit is to affirm that “no proceeding is now being or has been conducted in California for administration of the decedent’s estate.”
The California Small Estate Affidavit Process is used to transfer Money, Personal Property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred outside Probate. However, it will not work for transfer of Real Property per California Probate Code Section 13115. For transferring Real Property under $150,000 outside of Probate, you must use the California Small Estate Court Order Determining Succession to Real Property described in California Probate Code Section 13150.
We invite you to Contact Us to discuss your family’s Probate needs.