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Transferring property when someone dies…

Do I have to go to Court to inherit • Life insurance, death benefits property from or other assets not subject to probate that pass directly to someone who dies? the beneficiaries Not always. If you have the legal right to • Unpaid salary or other inherit personal property, like money in a compensation up to $15,000 bank account or stocks, and the estate is owed to the person who died. worth $150,000 or less, you may not have to go to court. • The debts or mortgages of the person who died There is a simplified process you can use to transfer the property to your name, but this For a complete list, see Probate Code process is not for real property, like a house. § 13050 How do I know if the estate is worth Can I subtract the deceased $150,000 or less? person’s debts to calculate the value of the estate? To calculate the value of the estate:

Include: No. You are not allowed to subtract the
debts of the person who died.
• All real and personal property
What if the estate is in Probate? • All life insurance or retirement benefits
that will be paid to the estate
You cannot use this process, unless the
Personal Representative of the estate Do not include:
agrees in writing to let you do so.
• Cars
Can anyone use this simplified
• Real property outside of California Process?
• Property held in trust, including a You qualify if you have the legal right to living trust. inherit property from the person who
died. You must be a beneficiary in the • Real or personal property that the
Will or an heir if the person died without person who died owned with
a Will. Other people may qualify too, like someone else (joint tenancy)
the guardian or conservator of the
estate. For a complete list, see Probate • Property (community, quasi-
Code § 13051 community or separate) that
passed directly to the surviving
spouse

PR-01 INFO (Adopted 01/01/12, 01/01/17)