This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Petition To Set Aside Estate Without Administration In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000297
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Word;
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FAQ
Without initiating probate, the legal authority to access or transfer the deceased's assets is lacking. This means that bank accounts, real estate, and other valuable assets can't be legally accessed or transferred to beneficiaries.
You can transfer property without opening probate if the estate is valued under a set amount. That amount changes every few years and is based on the year the person passed away. You can find the latest limits in Maximum Values for Small Estate Set-Aside & Disposition of Estate Without Administration (form DE-300).
California probate law permits the removal of an estate executor if justified reasons are presented. This process involves submitting a formal Petition to Remove Administrator of Estate to the probate court, detailing the grounds for removal and possibly proposing a successor.
First publication must be at least 15 days before the hearing date. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient.
Not all estates need to go through formal probate. Depending on how the property is owned, and the type and amount of property, you may not need to go to court or you may be able to use a simpler court process.
Low Value Assets: If an estate is of low value, usually $166,250 or less for both real estate and personal property in California, it can skip the process also.
If the person who died did not have any property to transfer, probate is usually not necessary. The deceased person's survivors may decide to open a probate if there are debts owed or if there is a need to set a deadline for creditors to file claims.
Form DE-300 - Affidavit For Collection Of Personal Property is a probate form in California.