Petition For Succession
What is a Succession Petition?
The first approach is filing a special petition with the court, asking for an order to determine who the property's new owner is. The California Judicial Council has developed a unique form for this purpose. There are a few prerequisites for using this form:
1. The deceased person's estate is not subject to probate in California, or the personal representative may choose to use this approach;
2. The gross estate is valued at little more than $166,250.The deceased person's estate is not subject to probate in California, or the personal representative may use this approach.
The gross estate value is calculated by filling out a particular form called an "Inventory and Appraisal," which details all of the assets that would have been subject to probate. This form is subsequently forwarded to special court-appointed "probate referees" (appraisers), who establish market values for the assets as of death. California Probate Code Sections 13150-13158 include the relevant legislation.
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Affidavit Regarding Low-Value Real Estate
The second option involves a higher court affidavit stating that the total value of the deceased person's California real estate cannot exceed $50,000. A probate referee, once again, determines the value of the real estate based on an Inventory and Appraisal. After six months have passed from the date of death, this method can get used. Once filed with the higher court, a certified copy of the affidavit is recorded in the county where the real estate is located. California Probate Code Sections 13200-13210 govern the Petition For Succession process.
As you might expect, one major stumbling block is that real estate of any significance in California rarely costs less than $150,000 or $50,000, which is why it is incredibly vital for California real estate owners to hire an estate planning counsel. Get a free case evaluation by calling 951.823.5138 or sending us an email.