Small Estate Affidavit FAQ

WHAT IS A “SMALL ESTATE” PROBATE PROCESS?

Affidavit for Collection of Personal Property

Introduction
Imagine a scenario in which your Grandmother has passed away. Beyond her jewelry, clothing, and bank account with $25,000.00, she didn’t have any other assets. On top of the loss of your loved one, you must act upon what needs to be done to your Grandmother’s estate. Although this seems like an intimidating task, there is a process for small estates, which are determined as estates with values less than $166,250.00. This scenario will not involve a lengthy and costly process in probate court. The alternative is the Affidavit for Collection of Personal Property.

There is an alternative to the lengthy and costly process in probate court. The alternative is the Affidavit for Collection of Personal Property.

The Process
In certain circumstances, personal property valued under $166,250.00 may be transferred to the decedent’s rightful heirs without requiring formal probate. Pursuant to California Probate Code §§ 13100-13116, successors entitled to the decedent’s property may present an Affidavit for Collection of Personal Property to a person or institution in possession of the property. The Affidavit for Collection of Personal Property seeks to have the decedent’s property transferred or delivered to successors in interest. Excluding real estate, personal property might include jewelry, furnishings, household goods, financial accounts, or stocks.

Instructions
Step 1: Determine if the Affidavit for Collection of Personal Property is Appropriate
Affidavit for Collection of Personal Property may be used appropriately if:

  • More than forty (40) days have passed since the death of the decedent
  • No administrative proceedings are pending or have been conducted for the decedent’s estate
  • Estate does not $166,250.00

Step 2: Complete the Affidavit
Form – Affidavit for Collection of Personal Property

Step 3: Collect the Personal Property
Present the notarized Affidavit to the person or institution having possession of the decedent’s property.

Assistance
If you or a loved one needs assistance with preparing an Affidavit for Collection of Personal Property or any probate matter in San Francisco or elsewhere in California, contact Thomas S. Wrobel at T.S. Wrobel Law Group, PC by phone at (415) 928-4161, or by email at tswrobel.law@gmail.com