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Q.Can I administer a small estate under $100,000 without Probate?
A.Yes. In California, estates with $100,000 or less of probate assets can be administered by preparing affidavits / declarations which are presented to the various institutions (banks, brokerages, etc.) holding the assets. The assets are then turned over to the person named as executor in the will, and distributed according to the will. If there is no will, the assets are distributed according to the rules of intestate succession (in other words, to the nearest relatives of the deceased.)
Title to real property in a small estate cannot be transferred using the affidavit procedure. The affidavit procedure is limited to the transfer of the deceased person's personal property only. Although real property cannot be transferred via the affidavit procedure, it must be added to the gross value of an estate unless title to the property is in joint tenancy with the right to survivorship.
If the gross value of the decedent's real property (not including a home held in joint tenancy) and personal property (not including cars and assets held in trust) is $100,000 or less, you can skip the probate process.
For more information see, California's Transfer of Small Estates Without Probate.
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