A: To avoid probate in California the estate must be worth less than $166,250.
A California small estate is defined as one in which the assets are under $184,500. To take advantage of simplified procedures for small estates, you'll follow one of three processes, depending on whether the estate includes real estate and the value of that real estate.
If you need a copy of the current deed, contact or visit the Alameda County Recorder's Office. Copies of deeds are not available off the internet. There is an online name index. Copies of the document itself must be obtained from the Recorder's Office Public Records Room.
It might seem like a long time. But remember good things come to those who wait. The first step isMoreIt might seem like a long time. But remember good things come to those who wait. The first step is to prepare the deed. This involves drafting the document. Getting it notarized.
Fundamentally, the difference between the two is that a property deed is an official written document proving that you possess a specific bundle of ownership rights, while a title is the concept of those rights. Essentially, you prove that you have the title to a property by producing the deed.
To be considered small, the estate must be valued under a set amount. That amount can change from year to year. For example, if the decedent died on April 1, 2022, or later, the estate is small if it is valued at $184,500 or less.
The Judicial Council form, Ex Parte Petition for Final Discharge and Order (DE-295/GC-395) should be filed with the Clerk's Office, who will arrange to have the petition submitted to the judge for signature.
Property ownership information can be requested from the County Registrar-Recorder/County Clerk. For more information, please visit their website to Request a Real Estate Record.
Another simple method that could be used to avoid probate of your property would be to execute a revocable transfer on death deed (“TOD”). This type of deed is a relatively new concept, which went into effect in California on January 1, 2016.