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California AB2016

Small Estate Petition

The California legislature’s latest adjustment to property transfer laws brings significant relief to families dealing with inherited homes. The updated regulations substantially modify how residential properties pass between generations, cutting through previous red tape and expenses.

Understanding AB2016’s Key Changes

Increase in the Small Estate Threshold

The monetary limit for simplified property transfers has grown dramatically, reaching $750,000 for primary residences. This substantial jump from the previous cap of $184,500 opens doors for many more California families. Properties that previously required complex legal proceedings now qualify for streamlined processing, reducing both time and costs for beneficiaries handling estate matters.

Simplification of Probate for Primary Residences

The revised law creates a more direct path for transferring family homes. Small estate petitions now serve as an alternative to full probate proceedings when dealing with primary residences. This streamlined approach cuts down paperwork requirements and shortens processing times. The simplified procedure maintains legal protections while removing unnecessary administrative hurdles that often delayed property transfers.

Financial and Emotional Benefits for Families

Processing inherited properties through small estate petitions saves thousands in legal fees compared to traditional probate. The simplified documentation requirements reduce stress during an already challenging time. Families can maintain their connection to cherished homes without facing overwhelming procedural barriers or depleting their resources through administrative costs.

Who Qualifies for the Simplified Process

Properties must serve as the deceased person’s main living space to meet the basic requirements for streamlined processing. The law specifically states that “the property must have been the decedent’s primary residence” when they passed away. This means weekend homes, vacation properties, or rental units won’t qualify for this simplified approach, even if they fall within the value limits.

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Timing plays a vital role in the qualification process. ”Families need to wait at least 40 days after death before starting this simplified procedure. This waiting period allows for proper notification of potential creditors and other interested parties, maintaining fairness while still offering a faster alternative to traditional probate.

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All Beneficiaries must be notified and given time to dispute. If there are any objections then the full probate would then need to be started.

We can help you, with several options.

Do it yourself, Attorney help, Get a free consultation

Do It Yourself

Includes:

Free Download of California form D-310 (petition form)

Free title report to see how tile is held and to ensure there are no liens or encumbrences.

Free Market Analysis to check the value of your home to see if it falls below $750,000

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Need Help?

Includes:

Free Download of California form D-310 (petition form)

Free title report to see how tile is help and to ensure there are no liens or encumbrences.

Free Market Analysis to check the value of your home to see if it falls below $750,000

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Plus

Hands-on guidance from an experienced probate attorney that you choose based on state, years of experience, and rating

30-minute attorney consultations about your situation and if the petition is available to you.

Option to have a licensed attorney fill out and file the petition for you at a low flat fee

Free Consultation

Recent News and Advice

Some current information that is helpful for families and loved ones.