In some circumstances, the property of a decedent can be probated as a small estate.  A person wishing to file a small estate must provide evidence, satisfactory to the court, of payment of the expenses for the decedent's funeral and burial.  Typically this can be done by filing the paid funeral or burial statement with the Probate Court office.  Along with such evidence of payment the person must complete and file a Petition and Order for Assignment (PC 556) with a death certificate.  The filing free is $25.00 and $11.00 for certified court order plus an inventory fee based on the value of the estate.

If the Petition and Order for Assignment shows that the balance of a decedent's gross estate consists of property worth $19,000 or less the Court may order that the property be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs.

If the Petition and Order for Assignment shows that the decedent's funeral or burial expenses are unpaid or were paid by a person other than the estate and if the value of the estate after payment of the expenses would be less than $19,000, the Court must order that the property in the estate be first used to pay the unpaid funeral and burial expenses, or to reimburse the person that paid those expenses, and may then order that the balance be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs.

Other than a surviving spouse or minor children of the decedent, an heir who receives property through and Order under this section is responsible, for 63 days after the date of the Order, for any unsatisfied debt of the decedent up to the value of the property received through the Order.

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