Legal Question in Wills and Trusts in California

The Sacramento Superior Court website has helpful information and links to the required forms.

Answer to question 1: The court website has a list of forms which you can view online and print out. If you want a printed guide, go to any major book store or Amazon.com and purchase the Nolo Press book on Probate. It should cost around $50.

Answer to question 2: If an estate has less than $100,000 in probatable assets it may be collected and distributed by declaration according to Probate Code Section 13100 et seq. However, real property such as the house can only be transferred by this process if its value is less than $20,000. I have heard there is a bill that was passed by at least one house of the State legislature increasing the limit to $100,000 for real property but I do not know when this might become law. Probably not until at least January 1, 2012.

http://www.nolo.com/products/how-to-probate-an-estate-in-california-PAE.html

The bill Mr. Weinstein refers to appears to be AB 1305, still pending in the California legislature. But as currently amended, the limit for real property would be $50,000, not $100,000.

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1305&sess=CUR&house=B&author=huber