Legal Question in Wills and Trusts in California
I am the trustee of my brother's estate. He recently passed away in 3 months ago. His wife passed away 5 years before that.
He has a trust and a pourover will with most of his assets included in the trust. So there is no problem with those transfering out of probate. There are a few things that aren't included in the trust including bank accounts and treasuring bonds totaling less than $50,000. I know that those can be trasferred via a small estate affidavit out of probate as well. His wife had a parcel of undeveloped land which cost $20,000. Even though it only says her name, the land was acquired after marriage so I am guessing it was marriage property. I know real property $20,000 or less can avoid probate as well. The title was not changed into her husband's name after her death and was not added to the trust.
How do I go about transferring these final assets to the beneficiary? Is there a certain order I need to do it in. I am also not familiar with how small estate real estate property is dealt with.
Thanks so much!
1 Answer from Attorneys
The answer to your question depends on where the property is located. Also, was it titled in your sister-in-law's name "a married woman, as her sole and separate property?" And, did your sister-in-law have children?
If the property is located in California, there is an Affidavit Re Real Property of Small Value that you can use. You first have to get a probate referee to appraise the property, attach that appraisal to the Affidavit, file it with the court in the county where your sister-in-law resided when she died and then record it against the property. Note that the successors in interest to the property have to sign the Affidavit. If the real property is considered separate property and your sister-in-law had children, then your brother's estate receives a portion and the children receive a portion. The amount of the portion depends on the number of children.
If the real property is located outside of California, then you need to ask an attorney licensed to practice in that state.
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