Steps to Probate a Small Estate in California

Probating a small estate in California can be a simpler and more streamlined process compared to larger estates. California offers a simplified procedure for estates with a total value under $166,250, making it easier for heirs to inherit without going through a full probate process. Here are the essential steps to probate a small estate in California.

1. Determine if the Estate Qualifies

The first step is to determine if the estate qualifies as a small estate under California law. The total value of the estate must be under $166,250, excluding certain types of property such as joint tenancy property, vehicles, and death benefits.

2. Collect Necessary Documents

Gather all necessary documents, including the deceased’s death certificate, a copy of the will (if there is one), and a detailed list of the estate’s assets and their values. These documents are crucial for the small estate affidavit process.

3. Complete the Affidavit

Heirs can use a Small Estate Affidavit to claim their inheritance without going through formal probate. The affidavit must include:

• A description of the property being claimed
• Statements affirming that the estate qualifies as a small estate
• Information about the deceased’s death and your relationship to them
• A sworn statement that the information provided is true and correct

The affidavit must be notarized or witnessed by a court official.

4. Present the Affidavit

Submit the completed affidavit to the institution or person holding the property (such as a bank or the DMV for vehicle transfer). The institution will then release the assets to the heir based on the information provided in the affidavit.

5. Pay Debts and Taxes

Even though the estate may not go through formal probate, it is still important to pay any outstanding debts and taxes owed by the deceased. Ensure that all liabilities are settled before distributing the remaining assets to the heirs.

6. Distribute the Assets

After debts and taxes are paid, distribute the remaining assets to the heirs as specified in the will or according to California’s intestacy laws if there is no will.

Conclusion

Probating a small estate in California involves several key steps, but the process is more straightforward than formal probate. By following these steps, heirs can efficiently manage and inherit the assets of a small estate. If you have any questions or need assistance, consulting with an experienced probate attorney can provide valuable guidance and support.