Estates of Deceased Person
Estates of Deceased Persons with Named Heirs
According to CCP Section 1352, the listed heirs of an estate may claim the estate regardless of its valuation on a Claim for Estate of Deceased Person, without the need for court intervention.
On the Claim for Estate of Deceased Person, heirs of the listed heir of an estate may claim assets valued at less than $60,000 without having to go to court. The heirs of the specified heirs must submit a petition under CCP Section 1355 if the estate is valued at $60,000 or more. Furthermore, if the deceased died before June 8, 1982, the petition must contain a provision that any inheritance tax owed be deducted.
Estates of Deceased Persons without Named Heirs
The claimant must file a petition in the superior court of any city or county where the Attorney General has an office for claims of $60,000 or more for estates with no designated heirs (San Diego, Sacramento, San Francisco, or Los Angeles). If the deceased died before June 8, 1982, a provision for the subtraction of any inheritance tax due must be included in the petition.
The claimant must provide a copy of the petition and notice of hearing to the SCO at least 20 days before the hearing. With the petition and notice of hearing, please submit a claim package. (For documentation requirements, see CCP Section 1355.)
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