Sacramento, CA asked in Estate Planning and Probate for California

Q: Petition to Determine Succession to Real Property

In CA, I remember that in order to use this the estate's value must fall below $165,250(?) and that no probate proceeding is pending/has been granted or, if it has, consent must be given by the exec/admi. of the estate.

And since a probate referee is also required for a summary probate when this petition is used, are you basically still required to open up an estate account to pay for their fees+court fees since these are paid out of the estate in this kind of procedure?

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1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: Yes. You must prepare a petition, file it, pay the court filing fee, request the appointment of a probate referee, and pay their fee, before you can get the court order that you desire.

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