The Law Office of Nikki Farris offers comprehensive services designed to assist with various aspects of estate planning and administration, including Heggstad petitions, probate, and powers of attorney. Located in Butte County and serving Chico and the wider Northern California region—including Glenn, Tehama, and Plumas Counties—our firm brings our clients two generations of local experience. With deep-rooted connections in the community, our legal team is well-equipped to help navigate the complexities of the estate planning and probate processes. Our approach is marked by personalized solutions tailored to each client’s circumstances, focusing on providing peace of mind and effective outcomes.
What is Included in Personal Property Affidavit Services in California?
Personal property affidavit services in California are designed to help individuals streamline the process of transferring personal property after a loved one’s passing. These services typically include preparing and filing necessary legal documents to that end.
Key components often covered by these services include:
- Assessment of eligibility: Determining whether the estate qualifies for a personal property affidavit, typically reserved for estates with a value below a legally specified threshold.
- Preparation of affidavit forms: Drafting the affidavit forms required to formally request the transfer of the deceased’s personal property to the rightful heirs or beneficiaries.
- Identification of assets: Compiling a detailed list of the decedent’s personal property, including items like bank accounts, vehicles, jewelry, and other possessions that are eligible for transfer.
- Legal guidance: Providing sound legal advice on completing the affidavit process, including clarifications on state-specific regulations and ensuring all documentation is accurately filled out and submitted.
- Submission to relevant authorities: Services also include filing the completed affidavit with the appropriate county or state agencies to facilitate the official transfer of property.
These services aim to reduce the complexity and time involved in estate settlement, allowing families to focus on healing and remembering their loved ones without the added stress of legal complications.
Comprehensive Personal Property Affidavit Services
The Law Office of Nikki Farris provides efficient and effective estate management solutions for clients so they can avoid undergoing a full probate process. Personal property affidavit services are particularly beneficial when a decedent has a combined real and personal property value of $166,250 or less. In such cases, heirs have several options to transfer assets without the complexities of full probate.
At The Law Office of Nikki Farris, we offer a range of property affidavit services, including:
- Affidavit re Real Property of Small Value: If a decedent’s real estate is valued up to $55,425. This affidavit, provided for under section 13200 of the California Probate Code, allows heirs to transfer the property title six months after the decedent’s death. It requires notarized signatures from every person claiming an interest in the property, ensuring proper legal acknowledgment of their claims. This streamlined and cost-effective solution helps smaller estates manage the settlement process effectively and without unnecessary delays. Clients value the type of solution from the knowledgeable and compassionate team at The Law Office of Nikki Farris.
- Petition to Determine Succession to Real and Personal Property: If a decedent’s estate has a real property value of over $55,425 and a combined personal and real property value of no more than $166,250, loved ones can submit a Petition to Determine Succession to Real and Personal Property to collect the property. Filed according to Section 13150 of the California Probate Code, this petition is only valid if the estate contains real property in California. The petition can only be filed after 40 days after the decedent’s death and must be accompanied by an inventory and all appropriate inventory attachments. A court-approved probate referee must appraise all non-cash property, such as real estate and stocks, within the property’s county. While this process is more straightforward than a full estate administration, there are similarities. The petition must be filed in the county where the decedent was a resident if they lived in California. If the deceased was not a California resident, the petition should be filed in the county where the property is located. After filing, the clerk will set a hearing date within six months, and all heirs must receive formal notification at least 15 days prior. The petition status can be checked on the probate court’s website under your case number and in the probate notes section.
- Affidavit for Collection of Personal Property: If the deceased individual owned personal property with a total value under $166,250, an Affidavit for Collection of Personal Property can be filed according to Section 13100 of the California Probate Code. This affidavit can be submitted after at least 40 days have passed since the decedent’s death. California law mandates that institutions accept this affidavit for asset collection, provided the affidavit meets the Code’s provisions. If an institution refuses, it is necessary to resubmit the form, asserting that a court appointment is unnecessary. Should the institution still not release the assets, you may petition the probate court for an order under Section 13105(b) of the Code. If the court finds that the institution unreasonably withheld the personal property, it may order the institution to pay reasonable attorney’s fees.
Recent Changes in California Estate Laws
As of January 1, 2020, the threshold value of a small estate in California increased from $150,000 to $166,250. The maximum value for an affidavit to transfer real property rose from $50,000 to $55,425. These adjustments mean that more estates qualify for simplified probate processes, reducing the burden on families during the estate settlement process. These changes reflect the state’s efforts to modernize estate laws and provide more streamlined, accessible options for managing smaller estates.
Contact the Legal Professionals at The Law Office of Nikki Farris
If you need help filing personal property affidavits or a petition to determine succession to real and personal property, schedule an initial consultation with The Law Office of Nikki Farris today. You can reach a member of our legal by calling 530-898-1488 or sending us a message online right now.