Small Estate Affidavits and Selling an Inherited House Without Full Probate

The simplified options, in plain English

California law (the Probate Code) includes a few different shortcuts. People often lump them all together as a “small estate affidavit,” but they’re different:

1. Affidavit for personal property. Used to collect things like bank accounts, vehicles and other personal property when the estate is under the statutory limit. It generally does not transfer a house.

2. Affidavit regarding real property of small value. For estates where the real property is under a set dollar limit. It’s filed with the Superior Court after a waiting period following the death, then a certified copy is recorded with the County Recorder. Many LA County homes exceed this limit, so this is less common here.

3. Petition to determine succession to real property. A court petition, simpler than full probate, that can transfer real property to heirs when the estate qualifies. California has expanded options in recent years, including for a decedent’s primary residence in some circumstances.

4. Spousal or domestic partner property petition. When property passes to a surviving spouse or partner, a separate simplified petition may apply.

Important: The dollar limits are adjusted periodically, and the rules have changed recently. We deliberately don’t list numbers here because outdated figures cause real harm. Check the current limits with an attorney or on the California Courts self-help site.

Is the house in a trust? Then probate may not apply at all

If the property was held in a living trust, the successor trustee can often sell it under the trust’s terms without probate. Joint tenancy with right of survivorship, and transfer-on-death deeds, can also pass a home outside probate. Check how title was held on the most recent recorded deed. We can pull it for you.

How selling works after a simplified transfer

Once heirs hold recorded title through an affidavit or court order, the house can usually be sold like any other property, with all heirs on title signing. If the heirs disagree, see Co-Owner Won’t Sell. If only you want out, see Sell Your Inherited Share.

Common snags we see

• Value is over the limit, so full probate is needed after all. See Probate House Sale.
• Back property taxes have built up since the death. See Inherited House With Back Taxes.
• Missing heirs or relatives who won’t sign.
• Reassessment. Under Proposition 19, an inherited home may be reassessed for property tax unless certain conditions are met, such as a qualifying child moving in as a primary residence within the deadline. Ask a tax professional.
• Liens or reverse mortgages that come due after the death.

How we help

We’re not attorneys and can’t prepare legal filings. What we can do: – Pull recorded title and tax status so your attorney starts with facts. – Explain, in general terms, which path families in similar situations typically take. – Give you a written as-is offer you can use to plan, whether you sell to us or not. – Close through escrow once the heirs have authority to sell.