Key Requirements

• 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.