Small Estate Administration Attorney in Los Angeles

Avoiding Probate for Estates with Less Than $166,250 Gross Value

Decedent’s personal property (such as bank accounts, mutual funds, stocks, etc.) with a gross value of $166,250 or less can be administered outside of probate court by a process called “small estates affidavit” or “affidavit for collection.” Certain rules, including creditor protection rules, apply here.

If you need assistance with small estates affidavit proceedings or are unsure if an estate meets the qualifications for small estate administration in California, please contact theLaw Offices of Maria N. Jonsson, PC. Our experienced Los Angeles small estate administration attorney can assist you throughout the process.

Requirements for Small Estate Administration in California

As previously mentioned, certain requirements must be met in order for an estate to qualify for this type of estate administration. Additionally, you must follow specific procedures in order to use a small estate affidavit.

These basic requirements include:

• The estate, including all personal and real property, cannot be valued (gross value) at more than $166,250 (certain assets are excluded)
• At least 40 days must elapse between the time of the decedent’s death and the filing of the small estate affidavit
• There may be no pending probate proceedings regarding the estate in question
• The contents of the small estate affidavit must meet the criteria outlined by California Probate Code Section 13101

While the gross value of the estate takes into account all personal and real property, it is important to note that real property cannot be transferred using the small estate affidavit. Where real estate is concerned, no matter its value, when it is left in a decedent’s name alone, the process of transfer to the decedent’s heirs must go through probate court. Depending on the value of the real property, there are two levels of summary probate: up to $55,425 and from $55,425 to $166,250.

Small Estate Probate Process

The probate process for small estates has been simplified in the state of California. In order for a beneficiary to inherit the estate they must file a written request to the county superior court where the estate is located. The court may authorize for the shorter probate process without having to go through the obstacles of the regular probate process. The shorter process is only possible if the estate is valued less than $166,250 and the waiting period is around 40 days.

Contact the Law Offices of Maria N. Jonsson, PC for a Consultation

If you would like to discuss your options with a seasoned small estate administration attorney in Los Angeles, reach out to the Law Offices of Maria N. Jonsson, PC and request a your consultation. Our firm can help you understand your options and assist you in finding a custom solution for your estate administration needs. We serve clients in Marina del Rey, Venice, and the surrounding areas.