Legal Question in Wills and Trusts in California
Ca. Probate
Does California probate laws provide an affidavit procedure that may be used to obtain death benefit proceeds without the benefit of probate in small estates
less than $250,000
3 Answers from Attorneys
Re: Ca. Probate
No. You are looking at a full probate. If you would like to hire a very efficient probate attorney please contact me. I do probates throughout California. -John
Re: Ca. Probate
California's general rule is that a small estate is $100,000 or less.
Things get messier with real property too.
Sounds like you should discuss this with an attorney in the area where the decedent resided when they died.
Re: Ca. Probate
I would need to know more about this "death benefit" in order to give you a better answer to this question. If the "death benefit" is a life insurance benefit and you are the named beneficiary, then no probate need be filed. You would simply need to send the certificate of death with proof of your identity to the life insurance company. However, if a trust, corporation or other entity is the beneficiary, then it is possible a probate may need to be filed.
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