Posted by david on August 14, 2004 at 08:28:51:
I think the referee fees are approximatley .1% of the assets valued plus costs (mapping, mileage, etc.). You can get a more accurate estimate by getting a quote from a local probate referee.
CA DC-305 Deceased Property Transfer - Posted by Gary CA
Posted by Gary CA on August 10, 2004 at 23:19:20:
In California, there is an alternate to a full probate proceeding for real property with a value less than $20,000. Has anyone here used this before, and what were the costs? I know there is a small filing fee, and reference to an appraiser. The form seems to allow a waiver of the appraisal, does anyone know the circumstances under which the waiver can be used. The Judicial Council form for the procedure is DC-305.
I have come across some out-of-state heirs to land in California, but they are letting it go to tax sale because they feel the costs of probate are too high.
Re: CA DC-305 Deceased Property Transfer - Posted by david
Posted by david on August 13, 2004 at 22:25:22:
The costs are the filing fee, probate appraiser’s fees and fees to obtain a certified copy of the death certificate and recording fees. These will not be extensive. However, there are other requirements before you can use this procedure. You did not give enough information to determine whether this case fits within the requirements for using the Affidavit for real property with small value.
Alternatively there is a procedure to determine succession to real property where the estate consists of less than $100,000.
You can see what is required by looking at both forms which can be obtained on the internet.
Re: CA DE-305 Deceased Property Transfer - Posted by Gary CA
Posted by Gary CA on August 13, 2004 at 23:25:15:
This case involves one vacant lot with a value in the $2000 - $5000 range. The owner died a few years back and the family contacted a lawyer, but the heirs thought the land was not worth enough to probate based on the lawyer’s projected costs. This lot is the only property the deceased owned in California.
I didn’t think the costs would be much, the main variable being how much the referee appraiser would charge. The lot in question has several years of back taxes and POA dues owed, so there isn’t much room for extra expenses in assuring that this is a deal worth pursuing.
Also, does anyone know what recorded document appears in the grantor-grantee index? I was hoping to look up a couple of examples before proceeding. A full probate proceeding results in a Decree of Distribution being recorded, but the folks at the recorder’s office and the clerk of the court in the county involved didn’t even seem to know what an “Affidavit of Real Property< $20,000” was, and couldn’t identify the document based on the Judicial Council document id (DE-305) . The clerk eventually found the document in her list of items and told me the filing fee for the document was $35.