California Small Estates

In the State of California, estates can be distributed through an independent probate according the decedent's will or court-supervised if there were no estate plans. However, there is another option available. Under Sections 13100 - 13155 of the California Probate Code, assets left that are worth $100,000 or less, can be distributed as a 'small estate.'

So, if the decedent's gross value of property remains under $100,000 and at least 40 days have passed since the death of the decedent, the successor may do any of the following three things without procuring letters of administration or waiting for probate of the will:

1.) Collect any particular item of property that is money due the decedent.
2.) Receive any particular item of property that is tangible personal property of the decedent.
3.) Have any particular item of property that is evidence of debt, obligation, interest, right, security or chose in action belonging to the decedent, transferred whether or not secured by a lien on real property.

If you feel that an estate that you are the successor to falls into the category of a small estate it may be wise to consult with an Estate Administration Lawyer. They will be able to provide you with the legal information and documents needed for administering a small estate.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.