How to Use California Small Estate Procedures — Switching from Formal Probate | California Probate | FastCounsel
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How to Use California Small Estate Procedures — Switching from Formal Probate

August 14, 2025 5 min read

Detailed Answer: Can you switch to California’s small estate process?

Short answer: California does not use North Carolina’s “$60,000 year’s allowance” concept. If you want to avoid or stop formal probate and use California’s small‑estate procedures, your options depend on whether probate has already been opened and on the size and type of the assets. Many estates can be handled with a small‑estate affidavit or summary procedures, but these are limited to certain kinds of property and dollar amounts set by California law. See the Probate Code and court resources linked below for current limits and exact rules.

What California law applies

California provides simplified procedures for small estates (for collecting many types of the decedent’s personal property without formal administration). The primary statutory authority is in the California Probate Code governing small‑estate affidavits and summary procedures. For statutory text, see the California Probate Code (search for “small estate” or “13100”).

Useful official links:

How switching works in practice

Below are the typical situations and what they mean for switching to a small‑estate process in California.

1) Probate has NOT been opened

  • Check whether the estate qualifies. California allows collection of certain personal property using a small‑estate affidavit (or other summary procedures) if the property subject to probate falls within the statutory dollar limit. The exact dollar limit and which assets qualify can change, so review the Probate Code link above or court resources for current thresholds.
  • Identify which assets are probate versus nonprobate. Nonprobate assets (joint tenancy, pay‑on‑death accounts, life insurance with named beneficiary, retirement accounts with beneficiary, trust assets) pass outside probate and generally do not require the small‑estate process.
  • Prepare the affidavit and gather documents. You will typically need a written small‑estate affidavit, proof of death (death certificate), documentation of the assets and their values, and identification. Courts or county clerks often publish sample forms and instructions.
  • Present the affidavit to the holder of the asset (bank, brokerage, etc.). If the asset holder accepts the affidavit and the statutory conditions are met, they can transfer or release the property to the claimant without opening probate.

2) Probate HAS been opened

  • If a personal representative (executor/administrator) has been appointed and the court has taken control of estate assets, you generally cannot simply switch those assets back into a small‑estate affidavit process. Assets under court administration remain subject to the probate case unless the court orders otherwise.
  • Possible paths if probate is open:
    • Complete the probate and seek a final distribution. If the value and circumstances qualify, the final distribution could be simple and allow closure of the case.
    • File a petition to terminate administration or for early/summary distribution if the statutory conditions are met. The court may allow early distribution of unencumbered assets in some circumstances, which can reduce the need for continued administration.
    • For assets not yet administered and not under court control (for example, property the estate never claimed), it may be possible to use a small‑estate affidavit for those specific assets. But proceed carefully: the court may view collection outside the probate as interfering with the administration, and you could face personal liability if creditors or the court are prejudiced.

3) Creditor claims and liabilities

Using a small‑estate affidavit does not avoid the estate’s obligations to creditors. If you collect property via a small‑estate process and later a valid creditor claim arises, the person who collected the property may be responsible for dealing with that claim. If the estate has active claims or there is uncertainty about debts, formal probate can offer creditor notice periods and court supervision that protect the collector.

Typical step‑by‑step checklist to pursue a small‑estate route in California

  1. Inventory all assets and determine what is probate property (assets without a payable‑on‑death designation, not held in joint tenancy, not in a trust, etc.).
  2. Confirm the total value of probate property is within the current statutory small‑estate limit. Use the Probate Code link above to confirm the current dollar threshold.
  3. Decide whether probate has been opened. If it has, consult the court or an attorney before trying to collect assets outside the case.
  4. Obtain certified copies of the death certificate and documentation of your right to claim the property (e.g., beneficiary/next‑of‑kin information or heirship facts).
  5. Prepare the small‑estate affidavit or other required form. The courts’ self‑help pages and local county clerk offices often provide guidance and forms.
  6. Submit the affidavit to the asset holder (bank, title company, etc.). They may accept or refuse; if refused, you may need to open a probate case or seek a court order.
  7. If a probate case exists or a party objects, you may need to petition the probate court for instructions or permission to distribute.

Helpful Hints

  • Do not assume out‑of‑state rules apply. The $60,000 year’s allowance you mentioned is a North Carolina rule and does not control California estates. Always check California statutes and local court rules.
  • Identify nonprobate transfers first. Properly titled joint accounts, TOD/POD designations, trusts, and beneficiary designations often remove assets from probate entirely.
  • Record accurate values and keep documentation. Banks and other holders will ask for clear proof of value and your relationship to the decedent.
  • When in doubt, contact the local probate clerk or a probate attorney. Small estates can look simple but may hide creditor, tax, or family disputes.
  • Use official resources. California Courts’ self‑help pages and the California Legislature’s Probate Code pages are authoritative and keep current dollar limits and procedural requirements.
  • If you already opened probate and want to close it or convert procedures, file the appropriate petition with the court rather than attempting unilateral collection.

Disclaimer: This explanation is for general information only and is not legal advice. I am not a lawyer. Laws and dollar limits change. For specific legal advice about your situation, consult a licensed California probate attorney or your local probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.