156: Probate Alternatives: Real Estate Affidavits and Succession Petitions Explained

Absolute Trust Talk

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In the third episode of their probate alternatives series on Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into two streamlined legal procedures that help families avoid the costly and time-consuming probate process when transferring small real estate estates in California. They explain an affidavit procedure for properties valued under $61,500 and a petition for determining succession to property for estates under $184,500. The discussion covers the requirements for each method, including waiting periods, the role of a probate referee, and when each procedure is applicable. This episode offers essential insights into navigating these simplified legal paths. Plus, stay tuned for a sneak peek into significant probate law changes coming in 2025.

Time-stamped Show Notes:

0:00 Introduction

0:55 A small estate affidavit only covers personal property. However, there is another way to bypass probate, even with property—listen in!

2:15 A small estate affidavit requires the appraised value of the property to be less than $61,500. Learn more about the requirements here.

2:52 What is a probate referee, why do you need to know, and who can be one?

4:22 Looking for a non-probate alternative that allows for an estate worth over the $61,500 threshold? Consider a succession petition.

7:24 We’re expecting legal changes next year concerning probate and personal residence.

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