Small Estate In CA

Small Estates In California: 2020 Update

A simplified procedure is available under California probate law to settle estates with assets that do not surpass a certain threshold, making it a “small estate.” 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.

What Is Considered A Small Estate In CA?
As of January 1, 2020, the answer is: $166,250 or less. The old amount of assets to be considered a small estate in California was $150,000.
$166,250 is also the new limit for small estate affidavits under California probate code section 13100.

For small estate affidavits to transfer real property in California the limit increased to $55,425 from $50,000. See California Probate Code section 13200.

Now Californians can avoid probate if the decedent’s total estate does not exceed the new limit of $166,250

How Do You Determine If The Estate Qualifies As a Small Estate Under California Law?
To determine whether the decedent’s assets qualify as a small estate in CA, include the value of decedent’s personal and real property. If the assets are valued at $166,250 or less, the estate is considered a small estate under the new California law.

Small Estate In CA

What Is A Small Estate Affidavit?
Under California law, if a minimum of 40 days have passed from the decedent’s death, and no one has opened up a probate proceeding, a small estate affidavit can be used to transfer personal property such as bank accounts. A small estate affidavit permits you to acquire an estate asset to which you are entitled.

The requirements of the small estate affidavit are set forth in California Probate Code 13101. A California small estate affidavit must include:

1 – Decedent’s name

2 – The date and place of decedent’s death

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