A: To avoid probate in California the estate must be worth less than $166,250.
If you are: a person (this includes sole-proprietors) you may claim up to $12,500; if you are a Corporation, limited liability company or partnership, you may claim up to $6,250.
Form 13101 is the specific Small Estate Affidavit used in California. Heirs fill it out to claim the deceased's assets, such as bank accounts and personal property. The affiant must provide accurate information about the deceased and sign under penalty of perjury.
Small Estate Affidavit If the estate consists solely of personal property (for example a bank account) and the gross value is under $166,250, you could complete an Affidavit (or Declaration) for Collection or Transfer of Personal Property under Probate Code §13100. This is not a court procedure.
It is here that it is determined if probate is required. If the total of all assets of the estate is below $166,250 or if there aren't any assets that require a complex transfer, the estate may not require a probate in California.
A motion to enforce settlement agreement is a legal action initiated when a party involved in trust and estate litigation does not adhere to the terms of the previously agreed-upon settlement. It aims to have the court enforce the terms of the agreement.