Procedure

Property appraised at less than $150,000 is collected and transferred by court order. A petition is prepared, a hearing date is scheduled and heirs are notified. The client will have legal representation at the hearing. After the hearing the court order is filed with the county recorder. The filed court order allows for a subsequent quit claim deed to change ownership on the public record. The quit claim deed transfers real property from the decedent to the heirs.

Steps for Values Less than $50,000

“We do it all…”

  1. Prepare Affidavit Form DE-305 (Attach Will and Death Certificate)
  2. Obtain Appraisal from probate referee, (court does not appoint) http://www.probatereferees.org
  3. Attach Inventory and Appraisal Form DE-160
  4. Prepare transfer Deed
  5. Client signs DE-305 declaration and transfer deed
  6. File Affidavit and supporting documents with Clerk of the Court
  7. Receive Certified Copy of Affidavit from the Clerk
  8. File Affidavit with County Recorder
  9. File Deed with County Recorder
  10. Receive Affidavit and Deed from Recorder
  11. Send Affidavit and Deed to client

Documents Needed

documents needed:

  • Affidavit Re Real Property of Small Value
  • A certified copy of the decedent’s death certificate
  • A copy of the decedent’s will (if there is one)
  • An inventory and appraisal of the decedent’s timeshares in California. (The appraisal must be by a probate referee appointed by the state controller in the county where the decedent’s property is located.)

Compare

Compare to Large Estate Probate Administration

Large estate probate administration is the process of after death collection and transfer of assets and payment of debts under the supervision of the Superior Court of California Probate Department. Property owned by the deceased and appraised at more than $150,000 must be transferred by large estate probate administration.

Large estate probate administration requires court hearings; notice to heirs; notice to the public; notice to creditors; notice to state authorities; the collection and inventory assets; the appraisal of assets; accountings; letters of administration; and court orders to begin administration, act, approve and close the estate. Large estate probate administration takes about one year to complete and is open to the public.

California Timeshare Resorts

Timeshare Resorts in California