(a) If the court makes the determinations required under subdivision (b), the court shall issue an order determining (1) that real property, to be described in the order, of the decedent is property passing to the petitioners and the specific property interest of each petitioner in the described property and (2) if the petition so requests, that personal property, to be described in the order, of the decedent is property passing to the petitioners and the specific property interest of each petitioner in the described property.
(b) The court may make an order under this section only if the court makes all of the following determinations:
(1) The gross value of the decedent’s real and personal property in this state, excluding the property described in Section 13050, does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890.
(2) Not less than 40 days have elapsed since the death of the decedent.
(3) Whichever of the following is appropriate:
(A) No proceeding is being or has been conducted in this state for administration of the decedent’s estate.
(B) The decedent’s personal representative has consented in writing to use of the procedure provided by this chapter.
(4) The property described in the order is property of the decedent passing to the petitioner.
(c) If the petition has attached an inventory and appraisal that satisfies the requirements of subdivision (b) of Section 13152, the determination required by paragraph (1) of subdivision (b) of this section shall be made on the basis of the verified petition and the attached inventory and appraisal, unless evidence is offered by a person opposing the petition that the gross value of the decedent’s real and personal property in this state, excluding the property described in Section 13050, exceeds one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890.
(Amended by Stats. 2019, Ch. 122, Sec. 12. (AB 473) Effective January 1, 2020.)
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