Assets in Joint Tenancy

 
 

An owner of property co-owned in Joint Tenancy can quickly remove a deceased co-owner from title through a non-court affidavit process. In the case of real property, an affidavit is recorded which verifies the death of the joint tenant/co-owner. A court proceeding is not required to transfer assets to the surviving joint tenant.

 
Assets in Living Trust
 
 

An estate fully funded through a Revocable Living Trust does not require California probate. The Successor Trustee is responsible for notifying and distributing the trust assets to the trust beneficiaries. This trust administration process does not require filing a court proceeding. Were assets were inadvertently left out of the Trust? You may be able to file a Heggstad Petition. Click here for more info.

 
Special Spousal Proceedings
 
 

A Spousal Property petition is a way to transfer or confirm real and/or personal property to a surviving spouse without having to file a full probate proceeding. A Spousal petition cannot transfer estate assets that may be due to other heirs. A Petition is filed with the court and requires at least one court hearing.

 
 

Estates with Land or House

 
 

Estates with real property can be settled in several ways, depending on the size of the estate. There are small estate court proceedings:

1) estates under $55,425
2) estates over $55,425 but less than $166,250. For estates over $166,250, the estate may require a full probate.

 
Estates Without Land or House
 
 

Estates with personal property valued less than $166,250 can be quickly settled be a non-court probate affidavit. Estates valued over $166,250 may require a full probate proceeding and appointment of a personal representative to represent the estate.