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Small estates planning california 2026
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- Click ‘Get Form’ to open the small estates planning California document in the editor.
- Begin by entering the decedent's name and date of death in the designated fields. Ensure that you have a certified copy of the death certificate ready to attach.
- Confirm that at least 40 days have passed since the decedent's death, as required by California law. This is crucial for proceeding with the affidavit.
- Indicate whether any probate proceedings are ongoing or if you have written consent from the personal representative for property transfer.
- Fill in the current gross fair market value of the decedent's estate, ensuring it does not exceed $150,000, and attach an inventory and appraisal if applicable.
- List all property to be transferred under California Probate Code section 13100 clearly and accurately.
- Identify yourself as a successor of the decedent and confirm your authority to act on their behalf regarding the described property.
- Finally, sign and date the affidavit, ensuring all information is true under penalty of perjury before submitting it for notarization.
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How much does an estate have to be worth to go to probate in California?
A new California law tries to make it easier for families to inherit lower-value homes without probate. If a primary residence is valued at $750,000 or less, it can be transferred using a simplified court process. But heres the catch: The fair market value (not the equity) is what matters.
What is the new law in California for estate planning?
A small estate proceeding cannot be utilized if the decedent died owning any interest in real property (e.g., home or vacant land) or if the total value of the decedents personal property is worth $50,000.00 or more; in those circumstances, a probate proceeding or an administration proceeding is necessary.
What is the average cost for estate planning in California?
Effective April 1, 2025, California is implementing a new law that simplifies the transfer of primary residences valued up to $750,000 to heirs without the need for probate or a formal estate plan.
What are the rules for small estate in California?
To be considered small, the estate must be valued under a set amount. That amount can change from year to year. For example, if the decedent died on April 1, 2022, or later, the estate is small if it is valued at $184,500 or less.
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