Avoiding Probate in a Small Estate

In California, as in many other states, if an estate is small enough, it can avoid probate. California allows for "summary administration" of estates of less than $100,000 by affidavit. What this means is the successor(s) or beneficiary(ies) can prepare a declaration that includes certain required information and present it to the holder of the property in the estate, and are entitled to receive the property.

Although California sets forth the requirements of the affidavit for content and presentation to the holder of the property in Probate Code sections 13100-13104 and 13106.5, there is no approved form to use. So, if you want to start a summary administration, you must draft (or hire an attorney to draft) the form yourself.

Other states, including Illinois, have such forms for use by beneficiaries. Joel Schoenmeyer posts on his excellent Death and Taxes blog about the Illinois form. You can't use it here in California, but it is an example that perhaps the Judicial Council, which is responsible for approving such forms here, may want to consider.