![]() If the total value of these assets is $166,250 or less and 40 days have passed since the death, you can transfer personal property by writing an affidavit. Bank accounts that are owned by multiple persons, including the person who died.įor a complete list, see California Probate Code section 13050.(You are not allowed to subtract the debts of the person who died.) The debts or mortgages of the person who died.Unpaid salary or other compensation up to $16,625 owed to the person who died.Life insurance, death benefits or other assets not subject to probate that pass directly to the beneficiaries.Property (community, quasi-community, or separate) that passed directly to the surviving spouse or domestic partner.Real or personal property that the person who died owned with someone else (joint tenancy).Property held in trust, including a living trust.All life insurance or retirement benefits that will be paid to the estate (but not any insurance or retirement benefits designated to be paid to some other person).To use the simplified process for transferring personal property:įirst, figure out if the value of all the decedent’s property (the estate) is $166,250 or less. Talk to a lawyer for help to determine whether you may be able to use another simplified procedure to transfer real property. ![]() Keep in mind, this process CANNOT be used for real property, like a house or land.The value of the property is based on what it was worth on the date of death -not on what the property is worth now. There is a simplified process you can use to transfer the property to your name. If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $166,250 or less, you may NOT have to go to court. So talk to a lawyer if you are not sure. To find a lawyer, contact your local bar association's lawyer referral service or call 1-86. Generally, though, deciding if you qualify for a simple procedure may be difficult. Click on the items below for more information on these situations. ![]() Also, if you were married to, or in a registered domestic partnership with, the decedent, you may be able to follow a simple process to have your property rights determined. In addition to assets that already have a designated beneficiary (like a life insurance or a bank account), estates with a value of $166,250 or less may qualify for a non-formal probate case. It can be difficult to figure out whether you can use a simplified informal process to transfer property.
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