Los Angeles Small Estate Administration Attorney


Administration of Small Estates

When personal property of a Decedent is worth less a certain threshold that requires formal Probate, it may be administered outside of Probate Court through a process called “Small Estate Affidavit” or “Affidavit for Collection.” Certain rules and time limitations, including creditor protection rules, apply.

If you need assistance with understanding the nuances of the small estates affidavit procedure, or are unsure whether an Estate meets the qualifications for Small Estate Administration or full-blown Probate, call the Law Offices of Maria N. Jonsson, PC so we cab assess the case and guide you with the applicable administration.

Contact our firm online or by phone at (424) 383-8445 for a consultation. 

Requirements for Small Estate Affidavit in California

The Small Estate Affidavit procedure can only be utilized for personal property, and it cannot be utilized to transfer real property. Administration of real property left behind by a deceased individual(s) will always need to go through some form of Probate in the Superior Court of the County where the real property is located.

For personal property (bank accounts, etc.), a Small Estate Affidavit cannot be signed any earlier than 40 days following the death of the owner. Moreover, the person signing the Affidavit must swear under penalty of perjury that there are no known creditors of the Estate. If in fact there ARE creditors of the Estate, the signer of a Small Estate Affidavit can be liable for treble damages for collecting property and not notifying the decedent's creditors.

Call us to learn more about the Creditors' statute of limitations in California as related to Small Estate Administration and to Probate.

When you schedule a consultation with the Law Offices of Maria N. Jonsson, PC, we can assess your case, help you understand your options, and develop a practical solution for the estate administration needs.

Call (424) 383-8445 or contact us online to schedule your consultation. We care deeply about our clients and look forward to providing compassionate and practical solutions to your legal needs.

The Law Offices of Maria N. Jonsson, PC Is Here for You

At the Law Offices of Maria N. Jonsson, PC, we focus on Estate Planning, Probate and Trust Administration and we are here to listen to you and help you navigate the legal system.

Contact Us Today

The Law Offices of Maria N. Jonsson, PC is committed to answering your questions about Estate Planning, Probate and Trust Administration issues in Marina Del Rey & Venice, CA. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.