Summary Probate

Fast legal help with summary probate for people for people in the East Bay, Oakland, and all of the San Francisco Bay Area – California

summary probate

Does your loved one’s estate qualify for summary probate?

When a person dies without a valid trust in the state of California, the decedent’s estate is subject to probate or a process called “summary probate”. Probate is the legal process of transferring assets of a decedent to the decedents heirs. Probate code §13100 allows for a shorter process if the gross value of a decedent’s estate does not exceed $150,000. A summary probate is fairly quick and easy.

Figuring out what assets make up the $150,000 could be a little complicated and usually requires some help from an attorney. The person that is doing the paperwork for a summary probate has to understand that they have personal liability for any mistakes that are made. Therefore, it is important to do it right because if you goof up, it will cost you. Our office helps  people do summary probates or if desired, we can handle the whole process.

for a quick help guide on “Summary Probate”.

Knowing what assets constitute the $150,000 limit is tricky. Here are a few tips. If the decedent owned real estate,  summary probate will not work. Call us if there is any real estate involved. Assets like jointly held accounts or pay on death accounts, are not included in the $150,000 threshold.  If the decedent has a spouse, even if the estate is worth more than $150,000, there is a special procedure for spouses but it will require a call to our office.

Nothing in the law is simple so just contact our office if we can help you.

A few more things to watch out for:

  • Are you the person with the authority to handle the estate? If not, be careful.
  • Does the decedent owe money, if so, you need to do the process correctly or you will be held liable. Call our office for help.
  • Have you checked if a probate was already opened? If not, you need to check because a probate and summary probate cannot be opened at the same time. Again, call if you need help.
  • Are any assets owned outside of California? If so, you may still use a summary probate but there are conditions and it may be necessary to open an ancillary probate.

If you are reading this information, it is likely you have lost a loved one and are probably confused and dreading this process – we can help you. This is what we do every day.

Do you need to talk with us or have an emergency, call 925-953-2024 or click here
from our Summary Probate clients.

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