California Small Estate Affidavit | Affidavit of Heirship
Affidavits of heirship and small estates are part of California’s laws that allow family or other successors to avoid probate procedures. Summary probate procedures, including small estate affidavits and affidavits of heirship, allow family members, surviving spouses, and other successors to avoid the time and expense of probate court. As long as personal property does not exceed $100,000, and real estate does not exceed $20,000 in value, then successors may apply for affidavits to keep their deceased loved one’s estate out of probate court.
Affidavit of Heirship: The California Affidavit of Heirship can be filed by successors to claim ownership of real and personal property in the estate of a deceased relative, especially if the property was not specifically divided by the decedent’s will, or the decedent did not leave a will.
Small Estate Affidavit: Family members that file a small estate affidavit if the estate does not exceed $150,000, including unpaid wages and other debts owed to the decedent, to avoid probate court.