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2. You Can Avoid Probate With A Small Estate Affidavit Cars, boats, or mobile homes. Real property outside of California. Property held in trust, including a revocable living trust. Real or personal property that the person who died owned jointly with someone else (such as joint tenancy)
You will need to file a petition with the courts to withdraw money from the account. The court will review your petition and make a judgment based on the information.
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.
Make sure you qualify to use this process 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. If the decedent died before April 1, 2022, the estate is small if it is valued at $166,250 or less.
California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.