Legal Question in Wills and Trusts in California

If you mean the amount over which an estate must be probated (with or without a will) it is $150,000 starting 1/1/2012.

Even if you don't have children, you have heirs. If you dies without wills, they are, in this order 1) spouse 2) parent3 3) parents' descendants 4) grandparent's descendants.

In California, you do not need to have money to have a will in place. It may be a smart idea to have a will to name the executors (i.e., the managers of the estate) and to name beneficiaries for special items. The current statutory minimum before probate (the court supervised distribution of assets) is required is $100,000 of probate assets.

To clarify the above answers, if you have assets with a gross value subject to probate over $100,000 before 12/31/2011 and over $150,000 after 1/1/2012, then your estate will have to go through probate regardless of whether you have a Will or not. Assets that are not subject to probate include assets with a valid beneficiary named (i.e., life insurance and retirement accounts), community property, assets held in joint tenancy and assets titled in a trust.

If you have real property with a gross value over $20,000 before 12/31/2011 and over $50,000 after 1/1/2012, then an affidavit must be completed, certified and recorded to transfer title to the real property. If the real property is valued between $20,000 and $100,000 before 12/31/2011 and between between $50,000 and $150,000 after 1/1/2012, then a petition for succession will have to be approved by the court to transfer title.

It is important for an estate planning attorney to review your assets and circumstances to give you advice on what planning is appropriate for you.