Legal Question in Wills and Trusts in California

If your sister passed away without an estate plan and owned the home in her name only, you will likely need to open probate to pass title. If you have any questions feel free to call my office and I can answer any questions you have and try to find you someone to help you out.

How much is the house worth versus what is owed on it? If the value is less than $100,000 you may be able to avoid formal probate.

I am also available for consultation.

Good luck!

if the house is worth more than $15,000, probate will be required. please contact my office if i can be of assistance.

I'm sorry for your loss. If your home has a gross value (without deducting any loans or encumbrances) of less than $20,000 (Probate Code Sec. 13200. (a)), then you can utilize the Affidavit Re: Real Property of Small Value and avoid a full Probate action. This form can be found here: http://www.courts.ca.gov/documents/de305.pdf. There is a specific procedure for this type of real estate transfers which includes filing the affidavit with the Superior Court Clerk (Probate division) in the county where your sister resided (or where the property is located). Then, a certified copy (received from the County Clerk) is filed with the County Recorder's office (the county

where the property is located)

If your sister's total estate is valued at less than $100,000 ($150,000 after 1/1/2012), then an Affidavit (or Declaration) of Small Estate is used. Although the real property can be part of the total estate for purposes of determining whether the estate qualifies as a small estate, the procedure for transferring small value real estate must be that shown in Probate Code 13200,et. seq. (and discussed above).

If you sisters property is located in California, it is most likely valued at greater than $20,000. In that case, you would have to open a Probate in the county where your sister resided at the time of her death.

I, too would be happy to discuss this with you. Please call me if you need further assistance.