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non probate procedures

Page history last edited by abogado 7 years, 7 months ago

Probate-References

 

from URL -  http://www.riverside.courts.ca.gov/kiosks/decestate.htm

 

Background Information:

Decedent’s estates may be administered under several different procedures.  The procedure that applies to any given situation is determined by the size of the estate, the relationship of the decedent to the beneficiary and character and/or title of the property.

There are several procedures; referred to as “summary procedures” which do not require a “formal” probate.  The “summary procedures” are preferable when they can be used because they are quicker and less expensive.  Some of the procedures are court procedures and some are handled outside of the court. 

A “formal” probate is required when the gross value of the estate exceeds $100,000, and there is no (1) surviving spouse, or (2) there is a surviving spouse who is not the sole beneficiary or is receiving the property in a trust.

Examples of Summary Procedures:

Joint Tenancy (PrC 210) (Not a court procedure) -
Title to property must be held in joint tenancy. There is no limit on value of property and no requirement of relationship. The surviving joint tenant(s) complete a form entitled “Affidavit of Death of Joint Tenant” which is recorded in the County Recorder’s Office.

Community Property with Right of Survivorship (Not a court procedure) – 
Title to property must be held as Community Property with Right of    Survivorship.  The surviving spouse completes an affidavit that is recorded in the County Recorder’s Office.    

Affidavit (or Declaration) for Collection or Transfer of Personal Property (PrC 13100. Et seq.) (Not a Court Procedure) – 
When the value of an estate is less than $100,000.00 (see PrC 13050 for exclusions) and more than 40 days have passed since the death, then a beneficiary can prepare an affidavit in lieu of a formal probate for transfer of assets other than real property.  The affidavit may also be used for assets less than $100,00.00 that are outside a trust.

Affidavit re real Property of Small Value (PrC 13200) (Judicial Council Form DE-305) – 
This procedure may only be used for estates with a gross value under $20,000 for all real property located in California.  The affidavit may be filed 6 months after death in the county of residence.  If the decedent was a non-resident of California the affidavit may be filed in the county where the property is located. 

Petition to Determine Succession to Real Property (PrC 13151) (Judicial Council Form DE-310 & DE-315)  – 
Gross value of estate must be under $100,000 (including real and personal property).  The petition is filed 40 days after death in the county of residence or where property is located.

Spousal Property Petition (PrC 13650) (Judicial Council Form DE-221 & DE-226) – 
Filed to transfer assets to a decedent’s spouse and/or to confirm the surviving spouse’s ownership of estate assets that have a gross value of over $100,000.  The petitioning party must be the surviving spouse or, if the spouse has also died then his/her legally appointed personal representative.  
There is no limit to the value of the estate; however, all property covered in the Spousal Property Petition must be given outright to the surviving spouse and not to any other beneficiaries or to a trust.

 

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