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Q.What if the deceased personís real property in California is worth $20,000 or less and there is very little personal property?

A.To transfer the real property (not held in joint tenancy), you do not need to open probate. Instead you can use California Judicial Council Form DE-305, Affidavit Re: Real Property of Small Value ($20,000 or Less). After filling it out, sign it in front of a notary. The form will ask you for an inventory and appraisal and a description of the real property.

As long as no probate proceeding was opened or closed, any beneficiary or heir can use Form DE-305 to transfer real estate worth less than $20,000 so long as you complete the required paperwork, file the form with the County Clerk, pay the filing fee, and if applicable, mail a copy of the completed form to the deceased person's guardian or conservator when s/he died.




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