USING A “SMALL ESTATE AFFIDAVIT” TO AVOID PROBATE IN CALIFORNIA

By John C. Clark, Attorney at Law

California law provides a procedure for avoiding the probate of an estate if the total value of the estate falls below a certain threshold and satisfies other conditions. If the estate qualifies as a “small estate,” the executor of the will or next of kin (in an intestate estate) may collect assets without the need to file a petition in probate court to accomplish the same, thus saving significant time and expense.

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