Simplified Probate Procedures
SIMPLIFIED PROBATE PROCEDURES IN CALIFORNIA
In California, certain legal processes allow property to be transferred without the need for lengthy and coIstly probate proceedings. These simplified probate procedures provide efficient alternatives for surviving spouses, heirs, or beneficiaries to confirm or transfer ownership of real property or assets when specific criteria are met. Designed to save time, money, and stress, these streamlined options include the Spousal Property Petition, Petition to Determine Succession to Real Property, Affidavit of Real Property of Small Value and Heggstad Petition
SPOUSAL PROPERTY PETITION
The Spousal Property Petition is a simplified process available to surviving spouses or registered domestic partners to confirm or transfer community property assets after a spouse’s death. Under California law, community property is typically jointly owned by both partners, making this process ideal for situations where no disputes exist. By filing the petition with the probate court, the surviving spouse can formally confirm ownership of their half of the community property and transfer the deceased spouse’s share into their name. This procedure is far quicker and less expensive than a full probate, providing a practical solution for married couples.
PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY
The Petition to Determine Succession to Real Property is used when the value of the decedent’s real property does not exceed $184,500 (as of 2024). This process allows heirs or beneficiaries to claim ownership of real property without going through full probate. To qualify, at least 40 days must have passed since the decedent’s death, and the property must be located in California. By filing this petition, the court can issue an order transferring the property to the rightful heirs, making it an efficient option for small or moderately valued estates.
AFFIDAVIT OF REAL PROPERTY OF SMALL VALUE
The Affidavit of Real Property of Small Value is the simplest option for transferring real property valued at $61,500 or less (as of 2024). This process does not require court hearings or probate administration. Instead, the affidavit is completed and filed with the county recorder’s office, along with a certified copy of the death certificate and related documentation. At least six months must have passed since the decedent’s death for this affidavit to be used. This cost-effective procedure is ideal for small estates, allowing real property to be transferred quickly and efficiently to heirs or beneficiaries.
HEGGSTAD PETITION
A Heggstad Petition in California is a legal tool used to transfer property into a living trust when the property was not formally titled in the trust’s name before the trust creator’s (grantor’s) death. This petition is based on the case Estate of Heggstad and applies when there is clear evidence, such as a written declaration or trust document, showing the grantor intended for the property to be part of the trust but failed to complete the formal transfer.
By filing a Heggstad Petition, the trustee can request the probate court to confirm that the property is part of the trust, avoiding the need for a lengthy and costly probate process. The petition is commonly used when a trust document lists the property as a trust asset, but the title was never officially changed. If approved by the court, the property is formally recognized as belonging to the trust, allowing for a smoother distribution to beneficiaries.