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Probate

Parent died with $80k in assets. Do I need probate?

CAanon_estate1 month ago

Mom passed. Estate is roughly $80k in a savings account, no real estate. Do I have to go through probate?

1 reply

✓ Verified answer from a licensed attorney — shown first

Eleanor Bryant avatarEleanor BryantVerified Attorney1 month ago

Probate attorney here. CA's Small Estate Affidavit (Probate Code §13100) lets you collect assets without formal probate when total estate value is under the small-estate threshold (raised in 2025 to ~$184k for personal property; check current limit). You complete an affidavit, attach the death certificate, present it to the bank — the bank releases the funds. NC's threshold and procedure differ; I'd check your state specifically. The savings is significant: small-estate affidavit costs ~$0-$50; full probate runs $5k-$25k+ and takes 9-18 months. The catch — debts of the decedent still have to be paid, and using the affidavit doesn't shield you from creditor claims. Worth a $200 consult before you sign anything.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.