Fundamental Petition To Determine Succession To Real Estate In California 101

The Trust Administration Attorneys with Ainer and Fraker discuss how the Petition to Determine Succession to Real Estate in California may replace the full probate process for Estates less than $150,000.

In our previous posts, we went over why Avoiding Probate is an excellent idea.

We likewise talked about how specific Assets Not Subject to Probate can prevent the Probate process, in particular scenarios.

An earlier post talked about the California Small Estate Affidavit procedure, whereby {personal {property| personal effects| possessions less than $150,000 might be disposed of without court supervision.

Since January 1, 2012, the California Probate Code was amended to consist of property less than $150,000 in the California Small Estate process. This new policy applies retroactively to all Estates filed after January 1, 2012, no matter when the Decedent passed away.

California Probate Code Section 13150 et seq. enables a Petition to Determine Succession to Real estate (and Personal Property) for estates of $150,000 or less.

Unlike the California Small Estate Affidavit Procedure, noted in California Probate Code Section 13100 – which is an affidavit-based process that is totally without court supervision, the procedure for Real Estate identified in this Area does require submitting a Petition with the Court of probate.

However, the process explained in California Probate Code Section 13150 et seq. is NOT a complete probate, and is far cheaper and normally far quicker than a full probate.

Reach out to an Estate Planning Lawyer with Ainer and Fraker 800-775-7612 www.AinerFraker.com right away to talk about the Probate Code requirements for the Petition to Determine Succession to Real Estate in California.