How Do I Distribute Assets of a Small Estate in California?

Full question:

does California probate code/law require summary admin of a decedents (died intestate) estate value under 100k, or my the heirs proceed simply by way of the Calif small estate forms re personal bank accounts, 401k, pensions, and other nonreal property assets? Criminal defense atty, but seeking to assist a family friend who died intestate and wrap up his small estate asap without opening up probate.

  • Category: Wills and Estates
  • Subcategory: Small Estates
  • Date:
  • State: California

Answer:

In California, if the value of a decedent's estate doesn't exceed $100,000, the small estate procedures may be used to collect and distribute the assets of the estate. An heirship affidavit may be used in place of letters of administration. If the value of the estate does not exceed $20,000, a set aside for the spouse and children may be applied for.

 

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.

FAQs

In California, an estate must be valued at less than $166,250 to avoid probate. For smaller estates, specifically those valued under $100,000, heirs can utilize simplified procedures like an heirship affidavit to collect assets without going through the probate process. This allows for a quicker resolution of the estate.