Do I need to go through the probate if my mother died without a Will and her only asset was her house valued at $31,000?

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Do I need to go through the probate if my mother died without a Will and her only asset was her house valued at $31,000?

There is no valuable personal property. I am her son and was wondering if I need to go through the whole probate process in order to obtain a transfer of ownership of her real property her house into my name?

Asked on October 3, 2018 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Small Estate laws were enacted in order to enable heirs to obtain property of a deceased without probate or with at least shortened probate proceedings. In CA, there are ways to avoid probate using the small estates process. Estates that do not exceed $150,000 do not need to be probated. An affidavit signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries/heirs. No documents need be filed with the court. Assets that are included in the $150,000 limit are bank accounts, brokerage accounts, stock, bonds, mutual funds and real property valued at up to $50,000 (and similar assets that the decedent owned in their name only).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Small Estate laws were enacted in order to enable heirs to obtain property of a deceased without probate or with at least shortened probate proceedings. In CA, there are ways to avoid probate using the small estates process. Estates that do not exceed $150,000 do not need to be probated. An affidavit signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries/heirs. No documents need be filed with the court. Assets that are included in the $150,000 limit are bank accounts, brokerage accounts, stock, bonds, mutual funds and real property valued at up to $50,000 (and similar assets that the decedent owned in their name only).


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