Attorney: Hey, California legislators recently decided to change the small estate affidavit limits, so real property can now pass to a successor without probate!

Client: Wow! So any house?

A: Well no, a primary residence.

C: Okay. That's still great.

A: I should also mention that the house has to be under $750,000.00.

C: Hmm, so most of Southern California and the bay area are out, but still, no court!

A: I didn't say no court.

C: What?

A: The successor still has to petition the court, but just not a full probate.

C: So you don't have to give notices and that kind of stuff?

A: No, you do.  You just don't have to get a bond and stuff.

C: That sounds good.  Who determines the value of the house?

A: The probate referee.

C: Who?

A: The court appointed appraiser who does an inventory and appraisal.

C: How does that work?

A: Not sure.  You probably file the petition then send the property info like in a probate.

C: O . . . kay.  Does that mean you could start the process and then learn the property is over the amount and have to do a probate anyway?

A: Probably.

C: Well, what's the timing like?

A: Probably like a Heggstad.  Maybe 4 months of waiting after it's filed.

C: I mean, that's better than probate, right?

A: Oh for sure.

C: Is it cheaper?

A: Probably.  Assuming no one fights over it.

C: So this will help, right?

A: Probably, at least for someone.