Full question:
My dad was an AZ resident and died recently in AZ. He had a vacant lot in Santa Maria worth 15-20K, no other property in CA . He had not retitled it in the name of his living trust. We will probably use AZ small estate rules (prop value _ 50K) to settle some insurance policies. Can I (the trustee/exector) use CA small estate rules to retitle the property to the trust? I live in AZ but need to settle some estate issues in CA.
- Category: Wills and Estates
- Subcategory: Small Estates
- Date:
- State: California
Answer:
Generally, the estate of a decedent is probated where the decedent resided at the time of death. The forms used need to comply with the laws of the state where the property is probated. Real property located in another state may need to be probated in that state. Therefore, if all the property is located in California, California forms should be used.
In California, the small estate affidavit is signed by the successor of the decedent or someone authorized under to act on behalf of the successor of the decedent, such a an agent under a power of attorney, trustee, or guardian. If a trust is a proper beneficiary of the estate, property may be transferred by the executor of administrator by way of a fiduciary deed.
The following is the CA definition of successor:
"Successor of the decedent" means:
(a) If the decedent died leaving a will, the sole beneficiary or
all of the beneficiaries who succeeded to a particular item of
property of the decedent under the decedent's will. For the purposes
of this part, a trust is a beneficiary under the decedent's will if
the trust succeeds to the particular item of property under the
decedent's will.
(b) If the decedent died without a will, the sole person or all of
the persons who succeeded to the particular item of property of the
decedent under Sections 6401 and 6402 or, if the law of a sister
state or foreign nation governs succession to the particular item of
property, under the law of the sister state or foreign nation.
The small estate affidavit may be signed by more than one person. There may be more than one affidavit required, depending on the assets of the decedent. For example, if the decedent owned real property worth not more than $20,000, a separate affidavit may be filed to transfer the real estate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
