- Gross value of the estate is under $150,000
- 40 days have passed since death of the decedent
- The person inheriting the property is a qualified “successor in interest.” To qualify:
- If there is a will or a trust, the inheriting person is the person who is named in this will or a trust as the beneficiary of the assets; or
- If the owner of the property died with a will or a trust, then the inheriting person is the person described in Probate Code Sec. 6401-6402.
- No real property is included in the estate.
- If real property is included in the estate, it is still possible to avoid formal probate proceedings, so long as the other requirements for a small estate are met. However, the procedure becomes more complicated (an inventory, an appraisal, and other requirements must be fulfilled). Please consult an attorney.