Legal Question in Wills and Trusts in California

If the value of the estate is worth $100,000 or more, you must file probate. With that said, the bank may still demand you obtain court permission before turning the money over to you. You may then have to file what is called a small estate probate.

You should consult an attorney in your area. Often the initial consultation is free.

Good luck!

The above answer is confusing at best; the bank may NOT demand you obtain Court permission if you fall within the paramters to avoid a full probate. The answer is $100,000 currently or you can wait until January 1, 2012 and pass up to $150,000 without probate. You would simply complete small estate affidavits pursuant to California Probate Code 13100. If the bank does not honor that you can sue them pursuant to the probate code (13105 I think). I am a Certified Specialist in Estate Planning, Trust and Probate Law. Contact me and I can help you out or check out my website for more information at www.californiaprobate.info -John

Mr. Palley is correct. The estate that have less than $100,000 in such assets ($150,000 after January 1) can pass to the estate heirs without Probate. The procedure for such non-Probate transfers is through the use of an affidavit or declaration of small estate under Probate code section 13100.