2만불 이하의 재산에 대한 간이상속절차

상속액이 동산, 부동산을 합하여 순자산이 2만불이하인 경우에는 배우자나 미성년자녀에게 지급하는 간단한 절차를 밟을 수 있다. (Prob. Code section 6602)

다음과 같은 양식을 사용하면 된다.

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

http://www.scscourt.org/self_help/probate/property/probate_simplified.shtml#2z