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Statutory Changes to Summary Probate Procedures

Specifically, Probate Code section 13100, which provides for the collection or transfer of personal property by affidavit and without probate, is now applicable to estates in which the gross value does not exceed $150,000 (an increase of $50,000 from the previous limit). Further, Probate Code section 13150, which provides for a Court order determining succession to real property, now applies if the gross value of the real property does not exceed $150,000 (an increase of $50,000 from the previous limit). Please note that the Inventory and Appraisal for section 13150 petitions must be completed by a Probate Referee, selected by the petitioner, located in the county in which the real property is located; the Inventory and Appraisal should therefore be sent directly to the Probate Referee in the county in which the real property is located. If you need assistance in selecting a Probate Referee in another county, your local Probate Referee can assist you.

Other code sections dealing with small estates have also been revised. For example, the affidavit procedure dealing with real property of small value (Probate Code Section 13200) now is applicable to real property valued at not more that $50,000 (an increase of $30,000 from the previous limit); and affidavit procedure dealing with the collection of compensation owed to a deceased spouse (Probate Code section 13600) has been increased to $15,000 (an increase of $10,000 from previous limit).

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