A probate proceeding is necessary whenever a deceased person has left assets which have not been placed in a living trust or joint tenancy ownership prior to death. However, if you are the administrator or executor of a small estate in California (an estate valued at less than $100,000), you do not have to go through the time and expense of a full probate proceeding. While a full probate proceeding takes a minimum of seven months and cost up to 6 percent of the estate, probate of a small estate can be completed in two months and cost less than $1,500.
At the law firm of Johnson, Fort, Meissner, Joseph & Palley, we have a great deal of experience helping heirs and beneficiaries receive the assets they are entitled to as quickly and inexpensively as possible under California law.
Two forms of expedited or mini probate are available, depending upon whether or not the estate includes real property.
For small estates with no real property, we help heirs and beneficiaries complete a notarized declaration of the property with an affidavit of death of the property owner. The declaration must include:
For small estates that include real property, we file a petition which includes an inventory and appraisal of the real property.
Heirs who receive the decedent's property become personally liable for any unpaid debts of the decedent, up to the value of the property received. For this reason, it's important to receive an attorney's advice before choosing this probate option.
Some assets such as life insurance policies do not go through the probate process, but our law firm can still help you administer them. You should prepare a list of all the decedent's life insurance policies. We should also know about any beneficial interest they had in anyone else's life insurance policies. After we have examined those policies, we will be available to help you or any beneficiary complete and file the forms.
We offer smaller, simplified probate proceedings for estates (including fractional interest in property) worth less than $20,000.
If you have any questions pertaining to estate planning or probate and want to set-up a FREE initial consultation please contact attorney John Pally by clicking here or calling 888-920-5983 / 916-920-5983.
For a FREE Initial Probate Consultation
Call Probate Lawyer John Palley at 888-920-5983 / 916-920-5983