If the estate consists of only personal property valued under $166,250, a non-court affidavit can be prepared to transfer these assets.

However, if the estate has real property (and personal property) that have a combined total less than $166,250, California allows the beneficiaries to petition the court to distribute the real and personal property assets using a more straightforward and streamlined process outside of a full probate proceeding. The process is relatively straightforward and consists of formal Inventory and Appraisal, the filing of a petition, notification to interested parties, and a court hearing. It is essential to understand that, to use this process, there must be at least 40 days passed since the decedent died. All beneficiaries must be cooperating and must sign the Petition. This simple court proceeding can typically be completed within 3-4 months.