Does a small estate affidavit need to be filed with the court in California?


Does a small estate affidavit need to be filed with the court in California?

An affidavit or declaration signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries or heirs of the estate. No documents are required to be filed with the Superior Court if the small estates law (California Probate Code Sections 13100 to 13116) is used.

What are non probate assets in California?

Examples of non-probate assets include:

  • Assets held in a trust.
  • Proceeds of a life insurance policy.
  • Certain types of jointly owned property (if titled with rights of survivorship)
  • Accounts designated as “Payable on Death (POD)” or “Transfer on Death (TOD)”
  • Many retirement accounts.

Is probate mandatory in California?

Probate is generally required in California. Probate may not be necessary if assets are attached to a beneficiary or surviving owner. For example, life insurance policies with a named beneficiary would automatically go to that person. Real estate owned by a couple would go to the surviving spouse.

How do I get a small estate affidavit in California?

Obtain and complete the California small estate affidavit. You must obtain the form used by the probate court in the county where the deceased was a resident. You can obtain it in person or by accessing your court’s self-help center online and downloading the form there.

Is a bank account a non probate asset?

Non-probate assets are assets owned jointly with others or have some type of post-death designation in place. Examples of non-probate assets are: jointly-owned property (car, home, bank accounts, etc.), 401(k)s, life insurance, Transfer on Death accounts, and life estate properties.

When can you use a small estate affidavit in California?

You can use the simplified small estate process in California if the estate has a value up to $166,250. To use this procedure, there can’t be an open probate case and the deceased person’s executor must give written consent to use this process.