A petition for order of succession to real property and additional personal property( not more than $100,000 of property), California Probate Code §§13150-13158 is one of the simplified probate procedures.
It is an appropriate means of transferring both real property and personal property without a need for a "full blown probate" that can be used when the total amount that would pass is equal to or less than $100,000 and the decedent either leaves no outstanding debts or those claiming under the petition will pay those debts.
Among those assets that are not counted towards the $100,000 section 13150 limit are: The following judicial council forms are required: The basic process is as follows: First you have to have the property appraised. For Real Property a Probate Referee has to do it. You can check the California State Controller's Office website for a list of Probate Referee's in your area. You can contact them directly and inquire how they want you to send them the DE 160. A small fee will be due so keep that in mind. When the probate referee returns the DE-160 to you it will have a value that he has appraised the real property to be worth. If this number when combined with any personal property valued is equal to or less than $100,000.00 then you can proceed with a 13150 petition. Next you will fill out the DE-310 PETITION TO DETERMINE SUCCESSION TO At the same time as you file the retunred DE-160 you must file a Preliminary Change of Ownership report with the county assessor's office or incur penalties. You will get confirmation of your filing and usually should request a conformed copy by providing an additional copy when you file. The court will schedule a hearing date for you. Write down the date, time and location of the hearing. You will then need to mail a NOTICE OF HEARING - DECEDENT'S ESTATE OR TRUST along with a copy of the petition to the people you listed as potential heirs in the petition. You will have to file a signed DE-120 where you attest to proof of service before your hearing as well as a properly filed out ORDER OF SUCCESSION TO REAL PROPERTY. If no one contests the petition and all your paperwork is in order you should not have to attend the hearing. You can check the probate deparment's website for a tentative ruling a few days before the hearing. If a tentative is confirmed check the docket online for a date when the order has been signed. Now you must request a certified copy of the order so that you can take it to the county recorder's office for recording. Once you record a certified copy of an order the property has been transferred successfully into the hands of the person(s) who petitioned the court and can then be legally conveyed. ABOUT CHRISTOPHER R. TWINING CHRISTOPHER R. TWINING
REAL PROPERTY (Estates $100,000 or Less)
REAL PROPERTY (Estates $100,000 or Less), pay the court filing fee and file it along with your now returned DE-160 with the appropriate Probate Department of your local Superior Court of California. You will also need copies of death certificates. And if the petitioner is claiming under a will you will need copies of the will to attach to the petition.
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775-9774
http://www.twininglaw.com
