California Increases Limits for Small Estate Probate Procedures

Effective January 1, 2012, California has raised the limit for small estates from $100,000 to $150,000. This means that if the value of all the property that would otherwise need to go through probate is not more than $150,000, inheritors can collect the property through simplified probate procedures or by using an affidavit (sworn statement) to collect it without any court proceedings. The limit for transferring real estate of small value (for example, a timeshare or unimproved lot) has also increased -- property valued up to $50,000 can be transferred to inheritors simply by filing an affidavit in superior court. In addition, a surviving spouse will be able to use an affidavit to collect up to $15,000 in salary owed to the deceased spouse.