Probate Alternatives in California
Sometimes there does not have to be a "full probate". In California we have various alternatives that depending on the situation may eliminate the need to actually begin the "normal" probate process.
For estates not exceeding $100,000 of personal property (as opposed to real property), there is an affidavit procedure that we can utilize on behalf of the heirs. We do have to wait 40 days from the date of death.
For estates wherein the total gross value of all of the deceased real property does not exceed $20,000, there is also an affidavit procedure that we can utilize on behalf of the heirs. We do have to wait at least 6 months from the date of death.
In the event that you do not wish to wait 6 months, there is an abbreviated court process that can be used when the real property is under $100,000. It is less costly and much quicker than a formal probate. This process only requires that there be a wait of 40 days from the date of death.
A surviving spouse or registered domestic partner that is the sole heir to all or part of the estate may file a special petition that is also generally less costly and much faster than a formal probate.
Our probate specialist deals with all of these situations on a regular basis and will provide the legal guidance to assist you in selecting the most efficient process.