Lifted from here.....
http://www.scscourt.org/self_help/probate/property/probate_simplified.shtml
What if the person who died had $20,000 or less in assets?
If the deceased person’s real and personal property is worth $20,000 or less, the spouse or minor children can ask the court to "set aside" the estate. This is much easier than a full probate proceeding.
If you want the court to set aside the estate, you can use this Sample Form. It is not an official form, but you can use it for most cases.
Click here to download this sample form in PDF format.
(Sample Form) Petition to Set Aside an Estate
[
Title of court]
The Estate of [
decedent]) No._ _ _ _ _ _
PETITION FOR ORDER TO SET ASIDE ESTATE NOT EXCEEDING $20,000
_ _[
Name of Petitioner]_ _alleges:
1. _ _[
Name of decedent]_ _died on_ _[
date]_ _, and at the time of _ _[
his/her]_ death was domiciled in Santa Clara County, California, and left an estate, the net value of which, above all liens and encumbrances at the date of death and the value of any homestead interest set aside from the decedent's estate under Probate Code §§6520 and 6521, but exclusive of all property in which the decedent held a life interest or held as a joint tenant, does not exceed $20,000.
2. The estate consists of the following property:_ _[
Describe property and give estimated value]_ _.
3. Liens and encumbrances on the property at date of death were as follows: __[
Describe liens and encumbrances and state amounts]_ _.
4. Petitioner(s) _ _[
is/are]_ _the_ _[
executor named in decedent's Will/spouse of the decedent/guardian of decedent's minor child/personal representative of decedent's estate/decedent's adult child who was a minor on the date of decedent's death]_ _and _ _[
is/are]_ _entitled to an assignment of the entire estate under the provisions of California Probate Code
Sections 6600-6615 as follows:_ _[
State proposed disposition of estate]_ _.
5. All expenses of the last illness, the funeral, and administration_ _
have been paid/will be paid before the hearing on this Petition]_ _.
6. The names, addresses, ages, and relationships of all heirs, legatees, and devisees of the decedent are as follows:_ _[
List]_ _.
WHEREFORE, Petitioner prays that the entire estate be assigned to _ _ _ _, that there be no further proceedings regarding the estate, and that such other relief be granted as the court considers proper.
Dated: _ _ _ _ __[
Signature]__
_ _ [
Typed name]_ _
Petitioner
__[
Signature]__
_ _[
Typed name]_ _
Attorney(s) for Petitioner
