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California Inheritance Law & Probate Procedure

  • California PROBATE COURT FINDER:
  • How Probate Works in California: How to handle the probate of an inheritance at Sacramento County's probate court.
  • Small Estates Procedures in California: Learn how to use California's Small Estate procedures that can save you time and money.
    • In California, there is an Affidavit procedure available as long as the personal property does not exceed $184,000. There's a 40-day waiting period. Cal. Prob. Code 13050.

      There's also an Affidavit procedure that you can use if you have real property worth less than $50,000 (of which there is not much in the Golden State); there's a six month waiting period for this. Cal. Prob. Code 13200 and following.

       You can also use an Affidavit to collect up to $15,000 of salary and other compensation (including unused vacation time) owed to the deceased spouse. Cal. Prob. Code 13600.

      There's also a summary probate procedure that's available for estates worth less than $150,000. This dollar value doesn't count real property outside of California, property that passes by joint tenancy, property left outright to a surviving spouse, life insurance or other assets that pass by beneficiary designation, and property held in living trusts. Cal. Prob. Code 13150 and following.

  • California Estate Taxes:
    • California, like most states, does not impose an estate or inheritance tax. Only a few states do.

  • Avoiding Probate in California. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
    • Transfer on Death Deeds (TODDs)
      • California has allowed TODDs since 2016. However, it recently revised its law in 2022 and now requires a few more formalities when creating one, and for the beneficiary when claiming the property after the original dies. But it still avoids probate.


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