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 in the state where they resided at the time of death. The forms used must comply with that state's laws. If the decedent's property is located in California, California forms should be used.
In California, a small estate affidavit can be signed by the successor of the decedent or someone authorized to act on their behalf, such as a trustee. If a trust is a beneficiary, the property can be transferred by the executor using a fiduciary deed.
The definition of 'successor of the decedent' in California includes: (a) if there is a will, the sole beneficiary or all beneficiaries who succeeded to a specific item of property; (b) if there is no will, the person or persons who succeeded to the property under California law.
More than one person can sign the small estate affidavit, and multiple affidavits may be required depending on the decedent's assets. For example, if the decedent owned real property valued at no more than $20,000, a separate affidavit may be filed to transfer that property.
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.