Jurupa Valley California Petition to Determine Succession to Real and Personal Property - Small Estates - Estates $184,500 or Less

State:
California
City:
Jurupa Valley
Control #:
CA-DE-310
Format:
PDF
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This model form, a Petition to Determine Succession to Real Property (and Personal Property) - Estates $184,500 or Less, is intended for use to initiate a request to the court to take the stated action.

Description: The Jurupa Valley California Petition to Determine Succession to Real and Personal Property — Small Estate— - Estates $166,250 or Less is a legal document that allows heirs to claim ownership and distribute the assets of a deceased individual when the total value of their estate is $166,250 or less. This petition is specifically designed for small estates in Jurupa Valley, California, and provides a simplified process for succession to real and personal property. There are two primary types of Jurupa Valley California Petition to Determine Succession to Real and Personal Property — Small Estate— - Estates $166,250 or Less: 1. Real Property Petition: This type of petition is used to determine the succession to real estate properties, such as land, houses, or commercial properties, that are part of an estate valued at $166,250 or less. The heirs must file this petition with the necessary supporting documents, including the death certificate, evidence of the deceased's ownership of the property, and any relevant will or trust. 2. Personal Property Petition: This petition is utilized to establish the succession to personal property, which can include various assets like bank accounts, vehicles, jewelry, or other valuable personal possessions, all valued within the $166,250 threshold. Similar to the Real Property Petition, the heir(s) are required to submit the essential documents along with the petition to determine the rightful distribution of the personal property. By filing the Jurupa Valley California Petition to Determine Succession to Real and Personal Property — Small Estate— - Estates $166,250 or Less, individuals can simplify and expedite the process of transferring the assets of the deceased person to the rightful heirs. It helps ease the burden of probate court proceedings, streamline paperwork, and minimize potential delays or disputes related to the estate settlement. If you are an heir dealing with the small estate situation in Jurupa Valley, California, this petition allows you to efficiently claim ownership and distribute the real and personal property assets with a simplified legal process. Ensure you consult with a qualified attorney or legal professional to properly execute the Jurupa Valley California Petition to Determine Succession to Real and Personal Property — Small Estate— - Estates $166,250 or Less.

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FAQ

For decedents who died prior to April 1, 2022 the California Probate Code provides that probate estates of $166,250 or less do not need to be probated. Deaths on or after April 1, 2022 the threshold amount is $184,500. If the estate consists of assets in excess of the prescribed amount a probate is necessary.

In California, if your assets are valued at $150,000 or more and they are not directed to beneficiaries through either a trust plan, beneficiary designation, or a surviving spouse, those assets are required to go through the probate process upon your incapacity or death.

A California small estate affidavit, or ?Petition to Determine Succession to Real Property,? is used by the rightful heirs to an estate of a person who died (the ?decedent?). The total net value of the estate cannot be more than $184,500 for it to qualify under this process and bypass probate.

If The Person Who Died Left $166,250 or LESS. If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $166,250 or less, you may NOT have to go to court. There is a simplified process you can use to transfer the property to your name.

As of April 1, 2022, the California Probate Code has been updated to increase the gross value of a deceased person's property from $166,250 to $184,500.

There is no need for probate or letters of administration unless there are other assets that are not jointly owned. The property might have a mortgage. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.

Maximum Value of Small Estate: $166,250?$184,500 To use the affidavit for small estates under Probate Code §13100, the value of an estate must be no larger than $184,500. (For deaths prior to April 1, 2022, the maximum value of an estate that could use the small estate affidavit was $166,250.)

An affidavit or declaration signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries or heirs of the estate. No documents are required to be filed with the Superior Court if the small estates law (California Probate Code Sections 13100 to 13116) is used.

Legally, you are not required to have the affidavit notarized BUT many institutions will ask you to, so it is a good idea to notarize it before you try to use it to transfer the property. 4. If there are other people entitled to inherit the property, they MUST also sign the affidavit.

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Jurupa Valley California Petition to Determine Succession to Real and Personal Property - Small Estates - Estates $184,500 or Less