California Probate Code, Section 6240 - calbar ca-2025

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Californias new probate law makes the process easier and allows for a smoother transition of the decedents estate to their successors. The law goes into effect in April 2025. Some key components of the new law are as follows: Allows for a simple transfer of primary residences of up to $750,000 from decedent to heirs.
A: In California, estates totaling less than $184,500 can avoid probate. A small estate affidavit is a less complicated process for estates valued at less than $166,250.
The trustee has the power to collect, hold, and retain trust property received from a settlor or any other person until, in the judgment of the trustee, disposition of the property should be made.
The limit to avoid probate in California is $166,250. You can calculate the value of an estate by taking the value of all real and personal property and adding it to any life insurance or retirement benefits that are/were to be received.
Understanding the New Probate Threshold Currently, if your estate is worth more than $184,500 and you die without a will or with only a will, your estate must go through the California Probate Court before it can be distributed to your heirs.
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A written will is validly executed if its execution complies with any of the following: (a) The will is executed in compliance with Section 6110 or 6111 or Chapter 6 (commencing with Section 6200) (California statutory will) or Chapter 11 (commencing with Section 6380) (Uniform International Wills Act).
In California, estates over $184,500 (after April 2022) or $166,250 (before April 2022) require probate. Learn what assets count and when you can avoid it.

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