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Many states don't count certain property when they set out small estates limits. There are three common kinds of property that is excluded in this way. The amounts each states' laws set for each kind of excluded property differs, but the concept is similar.

A "homestead" is the name for legal protections that states offer to a  certain amount of equity in a person's primary residence. This differs from state to state, but the basic idea is that a person's homestead property is protected for their spouse and children and, in some states, safe from creditors.

Exempt property refers to property that is set aside to be safe from creditors.

Family Allowance, like it sounds, is property (cash and belongings) that are set aside to be available to a surviving spouse and minor children so that they have resources to live on before the probate is completed.

Learn More with AI: 

In probate law in California, what protections from creditors claims are afforded by such things as "homestead" and "family allowance?"  
Are there allowances or exclusions in the small estate limits for "homestead" or  a "family allowance". Please provide references and citations to California law.
And are these limits adjusted for inflation? if so, please provide the current amounts and links to where the current amounts are published.

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Perplexity.ai Google Gemini ChatGPT4Claude.ai

Generated by Gemini, March 26, 2024

Yes, California probate law allows certain exclusions for homesteads and family allowances when determining the total value of an estate for purposes of utilizing the small estate procedures. Here's a breakdown with references:

Homestead Exemption:

  • The value of a decedent's recorded homestead property is excluded when calculating the total estate value for small estate procedures. ([California Probate Code §13651(c)(1)])

Family Allowance:

  • A reasonable family allowance may be paid to the decedent's surviving spouse and dependent children during probate administration. This allowance is not considered part of the estate value for purposes of the small estate limit. ([California Probate Code §6400])

Reference:

  • California Probate Code: [CA Probate Code online ON CA.gov leginfo.legislature.ca.gov]

Note: It's important to consult with a probate attorney to determine if your specific situation qualifies for the small estate procedures in California. They can advise you on the intricacies of homestead exemptions, family allowances, and navigating the probate process.

Generated by Claude.ai March 26 2024

Yes, in California probate law, there are certain allowances and exclusions related to the small estate limits, including provisions for a "homestead" and a "family allowance." Here are the relevant details:

  1. Homestead Exemption: In California, a homestead exemption allows a certain portion of the value of the decedent's principal residence to be exempt from creditors' claims during probate proceedings. The homestead exemption amount is currently $600,000 (as of 2023) and is adjusted periodically for inflation. This amount is essentially excluded from the calculation of the gross value of the estate for determining whether it qualifies as a small estate. (California Code of Civil Procedure §§ 704.010, 704.730)
  2. Family Allowance: California law provides for a "family allowance" during the probate process. The family allowance is a sum of money set aside from the estate for the maintenance of the surviving spouse and minor children during the probate proceedings. The amount of the family allowance is determined by the court, based on the family's circumstances and the estate's value. This allowance is essentially excluded from the calculation of the gross value of the estate for small estate purposes. (California Probate Code §§ 6540-6545)

References and Citations:

  • California Code of Civil Procedure, Section 704.010 (Homestead Exemption)
  • California Code of Civil Procedure, Section 704.730 (Homestead Exemption Amount)
  • California Probate Code, Sections 6540-6545 (Family Allowance)
  • Judicial Council of California, "What Is Probate?" (https://www.courts.ca.gov/8865.htm)

It's important to note that the specific amounts and requirements for these exemptions and allowances may change over time, and it's always advisable to consult with a qualified probate attorney or refer to the most current version of the California laws and regulations.

 


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