In general, when someone dies, the estate must go through probate which can be a complicated and lengthy process. But many states provide less complicated options for smaller estates.

California law provides for simplified probate when the value of real and/or personal property less property not subject to probate does not exceed $100,000.  The successor of the decedent to a particular piece of real property may, without procuring letters of administration or awaiting the probate of the will, file a petition requesting a court order determining that the petitioner has succeeded to the property.

Another option in California for heirs or beneficiaries to inherit property is the use of an affidavit. The heirs or beneficiaries prepare an affidavit identifying the assets they are entitled to inherit. This option may be used when the decedent’s real and personal property in California, less property not subject to probate does not exceed $100,000. After a waiting period of 40 days, the beneficiaries simply present the affidavit to the holders of the decedent’s property and it will be transferred to them.