Orange County California

Trust Attorneys


How to deal with real property that is outside of trust when a person passes away?If real property does not exceed $50,000 gross (not very typical in California, except in the case of timeshares), then the property need not go through a full formal probate. Instead, a simplified Affidavit Procedure is available to the personal representative of the estate. Under this procedure, the personal representative must wait 6 months from the date of death and then file an “Affidavit Regarding Real Property of Small Value” with the clerk of the superior court in order to transfer the property to the trustee of the trust. Using this procedure, the value of the decedent’s personal property does not matter.

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