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Is it Worth it to File a Small Estate Affidavit to Collect Checks of the Deceased?

Is it Worth it to File a Small Estate Affidavit to Collect Checks of the Deceased?

Full question:

I need a 'small estate affidavit'my Mother in law passed and had no estate because she had nothing. She lived in a full care rest home and her bills were paid for by the state of Ca. She had two small checks sent to he rfor overpayment on suplimental insurance made out to the estate of and I was told if I submit the above form then the checks will be made out in my name. Should I just let it go? will it be profitable to persue this?

Category: Wills and Estates
Subcategory: Small Estates Affidavit Law
Date: 04/07/2025
State: California

Answer:

It will be a matter of personal judgment whether to pursue recovery of the funds, based upon the value of the funds involved. A small estate affidavit is not a very long or complicated form to complete and we charge under $20 for such a form. Please preview the forms at the links below. 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.

Please see the information at the following links:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13100-13116
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6600-6615
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13200-13210

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

How to write a small estate affidavit?

To write a small estate affidavit, start by including the decedent's name, date of death, and details about the estate's assets. Clearly state that the total value of the estate is under the California threshold for small estates, which is $166,250 as of 2023. You must also include your relationship to the decedent and affirm that you are entitled to the assets. Finally, sign the affidavit in front of a notary public. It's advisable to consult with a legal professional to ensure accuracy and compliance with state laws. *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.*

How long do you have to transfer property after death in California?

In California, there is no strict deadline for transferring property after death; however, it is advisable to initiate the transfer process as soon as possible. If the estate is small and qualifies for a small estate affidavit, this process can typically be completed within a few weeks. Delays may occur if there are disputes or complications regarding the estate. It is best to consult with a legal professional to navigate the process effectively. *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.*

How much does an estate have to be to avoid probate in California?

In California, an estate must have a total value of less than $166,250 to qualify for simplified procedures that avoid formal probate. If the estate is below this threshold, heirs may use a small estate affidavit to collect assets without going through the lengthy probate process. This can save time and reduce legal costs. Always consult with a legal expert to assess the specific circumstances of the estate. *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.*

What is the maximum amount for a small estate affidavit in California?

As of 2023, the maximum amount for a small estate affidavit in California is $166,250. This limit applies to the total value of the decedent's estate. If the estate's value exceeds this amount, formal probate procedures will be necessary. It is important to accurately assess the estate's value to determine eligibility for the small estate affidavit process. *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.*

What is a small estate affidavit 13101 in California?

A small estate affidavit under California Probate Code § 13101 allows heirs to collect assets from a decedent's estate without going through formal probate. This affidavit can be used when the total value of the estate is under $166,250. It simplifies the process and enables heirs to access funds or property more quickly. The affidavit must be signed under penalty of perjury and presented to the financial institutions or entities holding the decedent's assets. *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.*

What is a small estate affidavit used for in California?

A small estate affidavit in California is used to collect and transfer assets of a deceased person's estate without going through the formal probate process. It is applicable when the total value of the estate is under $166,250. This affidavit allows heirs to claim bank accounts, personal property, and other assets by providing a simple declaration of their right to the estate. It streamlines the process and can save time and legal costs. *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.*