When does a will need to be filed with the probate court?

Probate Code sections 13100 – 13115 provide for a summary procedure to transfer the personal property of a decedent without going through a probate action if the decedent’s estate is valued at less than $150,000 and at least forty (40) days have elapsed since the death of the decedent.  The heir(s) is/are required to fill out and sign, in front of a notary public, an affidavit that conforms to California law.  Then, the heir(s) must attach a certified copy of the death certificate to the affidavit. The affidavit and certified copy of the death certificate can be presented to a bank, financial institution, self-storage facility, or similar holder of the decedent’s property.  Sometimes, a bank or financial institution will require that the claimant make the claim on their own forms or they may require that the claimant have the key to a safe deposit box.  Any holder of property must relinquish the property to the claimant when presented with the affidavit and the certified copy of the death certificate.  If they don’t, then the claimant can give notice to the holder of the property and then file a court action with the probate court to order that the property be released.  The claimant may be entitled to attorney’s fees if the holder of the property wrongly withheld the property from the claimant.