It’s possible that you may not have to go through the probate process in order to inherit personal property. There are rules about what type of property this works for. Plus, the entire estate must be worth $150,000 or less. There is a simpler process under these certain circumstances. This simplified process can’t be used for real property though.
The simplified process uses a form called Petition to Determine Succession to Real Property (Estates $150,000 or Less) (Form DE-310). You’ll still need to petition the court though. And you’ll have to file an Inventory and Appraisal (Form DE-160) and provide notice of hearing. You’ll want to consult a lawyer if you want to try to avoid probate. We are probate real estate agencies so, we work with estate attorneys all the time. If you need help finding an estate attorney to handle this, let us know and we can give you some referrals.
You’ll want to figure out the value of all property. This will include all real and personal property, all life insurance, and all retirement benefits that would be paid to the estate. Take that list to the attorney you choose.
You will not need to include the following:
- Real property that is not in the State of California
- Property with joint tenancy
- Property passed directly to the surviving spouse or domestic partner
- Life insurance that passes directly to named beneficiaries
- Bank accounts owned by multiple people
Do You Need A California Realtor Specializing In Probate?
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We are experts in the probate sale under the probate code and trust law. So, we know the California Probate Code. We won’t let you get lost in it. If you need a real estate agent in California specializing in probate, please contact us today! We are upfront and honest about the costs of probate. Everyone wants to know about probate fees, but no one wants to talk about them. We will though.
Sentinel Realty Partners wants our clients to be fully prepared and fully informed about buying or selling California probate real estate.We have a list of the absolute best probate lawyers in California available for our customers. Plus, we also have relationships with the most vetted contractors, plumbers and electricians in California. See?
We will guide you through every step of the process.