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In California, probate settles a deceased person's estate and is required in California if the estate is worth more than $184,500. It typically occurs when the deceased person died without a will, but it can occur even if the deceased person did have a will if they owned real property that is subject to probate.
If the Decedent's ?probate property? has an aggregate fair market value of less than $184,500 (in 2023), or the Decedent's property is to pass to the Decedent's surviving spouse, or where the Decedent intended to transfer his/her property to his/her revocable living trust but failed to accomplish such transfer, a ? ...
Take the will and petition to the probate court clerk's office. Within 30 days of the decedent's death, go to the county probate clerk's office and file for probate. This is done by submitting the completed petition for probate form, the Will, and the decedent's death certificate.
Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)
Follow these steps: Obtain and complete the California small estate affidavit. You must obtain the form used by the probate court in the county where the deceased was a resident. ... Include attachments. ... Obtain other signatures. ... Get the documents notarized. ... Transfer the property.