Small Estates

Small Estates:

A small Estate is one which is under $150,000.00 and can be used to handle the transfer of the Estate’s assets without a Probate action, unless there is real property involved. The affidavit procedure may be used only if (a) no Probate proceeding is currently pending or has taken place for the Estate in California; or (b) the Decedent’s personal representative consents in writing to transfer of the property pursuant to the affidavit procedure.

A Declaration of Small Estate is prepared with a copy of the Decedent’s Death Certificate attached and is signed by the beneficiaries, if there is a Will, or by the Decedent’s heirs if no Will. The Declaration can then be presented to the holder of Decedent’s Estate, such as a bank or other holder of the asset, to claim the asset for themselves.