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Probate is handled differently depending on the kind of property and the value of the property. If a person passes away in California without a Trust and has assets that need to be distributed, a Probate would be needed. Here are the different kinds of Probate:

  1. personal property that is valued under $150,000 is transferred to heirs, or beneficiaries (if there is a Will), by a Probate Code Declaration; this does not need to involve the Probate Court
  2. real estate that is valued under $50,000 is transferred by an Affidavit which is filed in the Probate Court
  3. real estate that is valued over $50,000 and under $150,000 is transferred by a Succession of Real Property which requires a hearing in the Probate Court
  4. real or personal property, on its own or combined, that is valued over $150,000 is transferred through a formal Probate

It’s important to note, as above, that each Probate requires a different procedure. The formal Probate takes approximately 8 months to 1 year+ depending on the specific circumstances of the property and distribution. This type of Probate involves many steps and can be complicated. It is best to consult with an experienced Probate Attorney who can advise as to which kind of Probate is needed and determine the best course of action.

Legal Action Workshop has more than 35 years’ experience in Probate procedures. If you have questions about Probate or an inheritance call Attorney Stephen Marc Drucker @ 1-800-HELP-444 (1-800-435-7444) or visit our website @

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