assignment of interest estate

Giving Up Your Inheritance: Assignment

As you probably already know, California allows you to disclaim your interest in an inheritance. Disclaiming an inheritance is simply the same as refusing an inheritance. If you disclaim your inheritance, it will be as if you “predeceased” the decedent, and the assets will be treated as though another person inherited them. In California, you can also make what is called an “assignment” if you do not want or need an inheritance. An assignment works differently from a disclaimer. Below is more about assigning inheritance.

What Is an Assignment of Inheritance?

If you receive an inheritance that you do not need or want, or if you receive an inheritance that you would prefer someone else receive, you can make an “assignment.” An assignment occurs when you transfer all or part of your inheritance to someone else.

The person making an assignment is known as an “assignor,” and the person receiving it is known as the “assignee.” Generally, an assignment is like a gift by the assignor to the assignee.

There are legal steps to be taken for an assignment to happen. An assignment is not an informal transfer. After all, transferring your inheritance to another person goes against what your deceased loved one designated or what California law requires based on familial relationships. Assignments are executed in writing and delivered to the executor of the estate. An assignment must be filed with the probate court before the transfer can be done.

If you are thinking of assigning your inheritance, you need to note that assignments create tax issues for both the assignor and assignee. Indeed, some tax issues can be avoided with an assignment, but you’d need to speak to a lawyer or tax advisor to determine the tax implications that apply to your case.

Reasons for Assignment

People assign assets for various reasons. The following are some of the reasons why people assign their interest in an inheritance;

• To avoid gift tax if they don’t plan to use the money themselves
• To exchange their inheritance for an immediate cash payment from a third party
• To give a share in the estate to an accidentally omitted beneficiary

Assignment vs. Disclaimer

As already mentioned, assignments are different from disclaimers. Firstly, when it comes to assignment, you inherit the property and then assign it. On the other hand, you do not get any share of the inheritance with a disclaimer.

Secondly, if you assign your inheritance, you can choose who gets it. You can assign your inheritance to anyone you want. On the other hand, when you disclaim your inheritance, you have no direct say in who gets it. If you disclaim an inheritance, the beneficiary or heir next in line will likely inherit it.

Lastly, there is no time frame for assignment, whereas you generally have nine months for a disclaimer.

Because there is no time frame for assignment, people who don’t want or need their inheritance, who accidentally pass the required nine months for a disclaimer, usually end up assigning their inheritance.

In conclusion, it is crucial to note that you cannot undo an assignment. In other words, transferring your inheritance rights is an irrevocable act.

Contact The Probate Guy

When it comes to assignments and disclaimers, making the right decision is easiest when you have the support of a skilled attorney. Contact the experienced and dedicated California probate attorney , Robert L. Cohen – The Probate Guy – to schedule a telephonic consultation.

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Transferring Inheritance Rights

In special circumstances a beneficiary may want to transfer inheritance rights to another.   Let us examine when, why and how such transfers can take place.

Consider an heir to a deceased person’s intestate estate (i.e., a person who died without a will).   Sometimes, an heir may want to transfer his/her inheritance rights to the following types of recipients:   An “heir search” firm; the decedent’s intended beneficiary; or to another family relative. Let’s discuss.

When a person without a will or trust dies and not all of the decedent’s lawful heirs step forward, an heir search firm may step in.   Using genealogical records, heir search firms find the missing heirs.    For example, take an unmarried decedent with no surviving descendants or siblings.   An heir search firm may find and notify the nieces and nephews or even cousins, as relevant.   Naturally, the heir search firm requests the missing heirs assign a percentage of their inheritance rights to the heir firm.   Assignments are legal if they satisfy certain standards.

Next, occasionally the heirs may wish to assign their rights to the decedent’s intended beneficiary. Take a decedent who, while alive, orally declared his intention to leave everything to his then girlfriend and companion of ten years.   Unfortunately for her, he never formalized his spoken intentions.   The heirs may — and I have seen this happen — choose to honor the decedent’s spoken intentions. To do so they may “assign” her their inheritance rights; in which case she steps into their shoes.  

Now consider a death beneficiary to a living trust.   Can the beneficiary transfer his or her beneficial interest in the trust estate?   It depends.  

Sometimes the trust gives a beneficiary a “power of appointment” to transfer the inheritance to alternative beneficiaries of choice; this is to allow the intended beneficiary to pick alternative beneficiaries should he or she not survive to receive his/her full inheritance.   To exercise a power of appointment, the power holder must execute a testamentary instrument and therein specifically refer to the power of appointment being exercised.

Powers of appointment are either limited or general.   Limited powers of appointment allow the power holder the right to transfer some or all of an inheritance to a narrow class of persons, typically the power holder’s siblings or children.   General powers of appointment, however, allow the power holder to transfer his inheritance rights to anyone, including his estate and his creditors.    

Without a power of appointment it is often impossible for the beneficiary to assign his/her inheritance because a trust will typically contain an “anti-alienation” clause.   This clause prevents a death beneficiary from assigning his or her inheritance rights – prevents the beneficiary’s creditors from compelling the trustee to satisfy the beneficiary’s own debts directly from the trust (prior to distribution to the beneficiary).

Nevertheless, even with an anti-alienation clause, a trust beneficiary may sometimes still “disclaim” – renounce — his or her beneficial interest within a 9 month period after the settlor of the trust dies. A properly executed disclaimer causes the disclaimed interest to pass as if the beneficiary had predeceased the settlor.   Consequently an alternative beneficiary inherits the disclaimed property.   However, unlike with an assignment or exercise of a power of appointment, the disclaiming beneficiary may not direct who inherits; he or she can only step aside.

Before transferring an inheritance by executing an assignment, power of appointment, or disclaimer, as the case may be, one should consult with a qualified attorney.   Not only must the legal procedure be done correctly, but persons making such transfers need to understand the implications to themselves.  

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Disclaiming vs. Assigning Inheritance: Explained by San Diego Trust Lawyer

The difference between disclaiming your inheritance and assigning it

If you disclaim your share of a person’s estate, the heir next in line will inherit it. When writing their will, people can name alternate heirs. When you disclaim your interest in the inheritance, that share will go the person who was listed as the alternate heir or it will go to the next heir in line if the person died intestate . The point to note here is that you can’t choose who gets your share after you disclaim it.

If you assign your share, you get to choose who gets it. You can assign your share to anybody you want. Some tax issues are avoided, but you would need to talk to an experienced San Diego trust lawyer and/or tax advisor to find out what tax implications apply to your case. Assignments are sometimes used by people who owe money to someone or by people who on government benefits. Their inheritance could disqualify them for those benefits, but in the long run it wouldn’t be as beneficial as the government aid.

Why would anyone disclaim their inheritance?

There are actually many reasons why someone would want to pass up their interest in an inheritance. Here are just a few situations when a person would want to disclaim their share:

• To reduce the size of their estate and avoid estate taxes
• To pass the gift on to the next heir in line with less hassle and no gift tax
• To avoid disqualification from state or federal programs such as SSI or Medicaid
• To save their share from being seized by their creditors (if the heir is facing personal bankruptcy)

Why would someone assign their interest in the estate to someone else:

• To avoid gift tax if they don’t intent to use the money themselves
• To give some share in the estate to an accidentally omitted heir
• To exchange their inheritance for an immediate cash payment from a third party

How do you disclaim/assign your inheritance?

Disclaiming your interest in inheritance needs to be done in writing, naming your details, the details of your benefactor and the extent of your inheritance. The disclaimer should be delivered to the executor or the personal representative within 9 months of the benefactor’s death (or 9 months after you turn 21 if you became the heir as a minor). It is crucial that you don’t receive any benefits from the estate before disclaiming it. When the executor of the estate or the trustee of the trust files tax returns, it is reported that there has been a disclaimer.

Assignments are also executed in writing and delivered to the executor of the estate or the trustee of the trust. No time frame for assignment – that is why people who accidentally pass the required 9 months for a disclaimer end up assigning their interest. The person inherits the property and then assigns, whereas with the disclaimer, the person cannot have any distribution of the inheritance. There are tax implications, but again, you need to seek guidance from a San Diego trust lawyer or a tax professional.

Make an informed choice with a San Diego trust lawyer by your side

Transferring your inheritance rights is an irrevocable act and making the right choice the right way is easiest when you have the support of a knowledgeable and experienced San Diego trust lawyer. You need to be well informed of the implications and consequences of your actions, so that you carry out your intentions as planned. Every case is unique and the relative advantages and disadvantages of various options differ from one case to another. That’s why you’re advised to seek professional help. If you would like a legal consult (without attorney-client privilege), feel free to book your no-cost 30-min. case review at the Law Offices of Irina Sherbak. Call us right away at 858-208-8900!

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Assignments, disclaimers and powers of appointment can alter the distribution of a decedent’s estate, each can alter the distribution of a decedent’s estate.

First, what is and who can make an assignment? A person who has a vested — legally enforceable — interest in a decedent’s estate can “assign” – i.e., transfer – part or all of their interest to another. Generally, an inheritance vests upon the decedent’s death.  An assignment is a gift by the assignor making the assignment to the assignee receiving the assigned interest. Assignments create tax issues for both the assignor and assignee.

For example, consider an unmarried father who dies intestate — without a will or trust – and is survived by a son and a daughter — his heirs.  Prior to settling dad’s estate, the son decides to give his one-half share to his sister and signs and notarizes an assignment of inheritance rights.  The assignment is then filed with the Court. Dad’s estate, less expenses and debts, is distributed entirely to the daughter.

If an interest in real property inherited from a parent is assigned then the parent child exclusion from reassessment — for local real property taxes — only applies to the interest(s) belonging to the child(ren) who do not assign their interest(s).  There is no reassessment exclusion for any transfers between siblings.

Assignments, however, almost never apply to a beneficiary’s interests in a trust.  Usually, a trust prohibits beneficiaries from assigning their interest in the trust before distribution.  The anti-assignment provision protects undistributed trust assets from claims by a beneficiary’s creditors.

Next, disclaimers are used when a beneficiary, or heir, refuses to accept a gift or inheritance.  You cannot force someone to receive a gift or an inheritance. To be valid disclaimers must satisfy the following requirements: be unconditional, be in writing, and be timely (i.e., generally, within nine months of the transfer), and, when real property is involved, also be filed with the county recorder where the real property lies.  Unlike assignments, the person disclaiming their interest cannot say who receives the disclaimed interest. A disclaimer is not a gift by the person disclaiming. Lastly, one cannot have accepted any benefits from the property being disclaimed, such as the income from an income producing asset.

The person disclaiming their gift or inheritance is treated as if they had predeceased the person who made the gift.  We see who is then entitled to inherit.

For example, a decedent’s trust leaves a share of the decedent’s trust estate to a named beneficiary and otherwise, if he does not survive to inherit, to the beneficiary’s descendants by right of representation.  The beneficiary survives and timely disclaims. The beneficiary’s living descendants would then inherit by right of representation.

Unlike assignments and disclaimers, powers of appointment are created within a person’s estate planning, e.g., a trust or will, for future use.  A power of appointment allows the power holder to say who receives a gift/distribution from a trust or an estate. The power of appointment is either a limited power that allows gifting to certain persons or is a general power that allows gifting to anyone at all, including the power holder, the power holder’s estate and the power holder’s creditors.  Powers of appointment are used for a variety of estate planning reasons.

For example, a husband’s and wife’s joint estate planning may give the spouse who survives a limited power of appointment over the deceased spouse’s separate trust estate.  The limited power of appointment might allow the deceased spouse’s estate to be divided equally or unequally amongst the deceased spouse’s children as the surviving spouse sees fit after the deceased spouse’s death.

Anyone who wants to proceed with making an assignment, a disclaimer or exercise of a power of appointment should consult a qualified attorney.  There are tax and other issues to discuss and drafting requirements to these legal instruments that benefit from the expertise of a qualified attorney.

Dennis A. Fordham, Attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached at [email protected] and 707-263-3235.

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How to Probate-Proof your LLC Interest

Whether I’m working on a business transaction or assisting business owners with their estate planning, I always look at how the ownership of the LLC is structured. While many business owners have set up a revocable living trust in order to direct how their assets are managed and to avoid probate, it is common to find that their LLC interests have not been put into the trust. This means that even if everything else in the estate plan were done perfectly, the family would still likely need to open up probate to access and manage the LLC interests. Obviously, this is not ideal in any situation.

Fortunately, putting an LLC interest into a trust is often a simple and affordable solution. If the LLC is a single-member LLC, including an LLC owned by a married couple, the change can be made by signing an Assignment of Membership Interest and filing Articles of Amendment with the Arizona Corporation Commission. If there is more than one member, the operating agreement will control the steps necessary to transfer the LLC interest into the trust. Often there are provisions in the operating agreement allowing a member to make such a transfer. However, if there is no provision, or no operating agreement, the consent of the other members would be necessary to make the transfer. With either a single-member LLC or a multiple-member LLC, the operating agreement should be updated to reflect the change of membership. This is most often not a big change, and can be done by updating a Schedule which lists current members and their addresses. As a side note, if you do not have a written operating agreement for your LLC – get one!

Since I am a lawyer, I must include a few caveats. First, if the LLC is treated as an S-Corporation for federal income tax purposes, or could be in the future, it is imperative that the trust contain language necessary to qualify the trust as an S-Corporation shareholder in the event the business owner becomes incapacitated or passes away. Second, you want to make sure that the transfer of the membership interest is not prohibited in any financial or other agreements that have been entered into by the LLC. Third, I really mean it about the operating agreement – you really do need one, but I’ll save that for another blog post.

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Assignment of Interest In LLC: Everything You Need to Know

Assignment of interest in LLCs happens when a member communicates to other members his/her intention to transfer part or all of his ownership rights in the LLC to another entity. 3 min read updated on February 01, 2023

Updated October 28, 2020:

Assignment of interest in LLCs happens when a member communicates to other members his/her intention to transfer part or all of his ownership rights in the LLC to another entity. The assignment is usually done as a means for members to provide collateral for personal loans, settle debts, or leave the LLC. The member (assignor) and the person assigned (assignee) sign a document called the Membership Assignment of Interest.

Why a Member May Want to Assign Interest

A member may choose to assign interest for a number of reasons.

• The assignment of interest may happen as collateral to a loan to one of the members.
• Some members can assign interest to settle debts. The assignment will be effective until the debt is cleared.
• An assignment of interest can also' be done  to a member's legal heirs , going into effect upon the death of a member. 

The Rights and Limitations of the Assignee

The laws governing LLC membership interest assignments vary considerably from one state to another. 

• Most states prohibit the assignee from participating in the LLC's operations or decisions unless the Articles of Organization have this provision.
• An assignee is protected from liability from the assignor until the assignee becomes a member in most states. However, the law in a few states, including California and Florida, states that the assignee does get the assignor's liability.
• Should the assignee become a member after the assignment, he is only entitled to the rights and restrictions the assignor had.
• The assignment usually gives the assignee the right to receive the assignor's share of the profits — but not necessarily the other rights.

The Rights and Limitations of the Assignor

• In many states, all LLC members have the right to assign membership interest.
• In most states, assigning interest does not necessarily lead to forfeiting of voting and management rights and can be temporary. Texas law, on the other hand, states that the assignor ceases to be a member of the LLC after the assignment.

The Rights and Limitations of Other Members

• All members of the LLC have to be notified of any type of assignment.
• Some states require the assignment of interest to be approved by all members.
• The new person who has been assigned interest does not necessarily become a member even if the assigner has decided to leave the LLC. The other members can decide whether to admit the assignee as a member or not. Should a member assign interest without the input of other members, the interest is normally limited to financial benefits.
• In a two-member LLC, one member can easily transfer the interest to the other. 

The Membership Interest Assignment Document

The LLC's operating agreement should explain the rights of members on issues of transfer of interest, and the agreement should be followed during the assignment process. The Membership Interest Assignment acts as a record of the agreement, and the LLC normally keeps a copy of the document. The law in most states does not provide a formal template of the Membership Interest Assignment document but lists what should be included in the document. The document should have the following details:

• Percentage of interest that will go to the assignee 
• Whether the assignee will have voting rights
• The signatures of the assignor and the assignee

Assignment of Interest Versus Selling Ownership Stake

The assignment of interest is typically different from selling the ownership stake . Selling a member's ownership stake in the LLC requires unanimous approval by the other members. A departing member may also assign his membership to another member.

If a member is being paid to transfer interest, this is treated for tax purposes as a sale, and the selling member's gains might be liable to capital gains tax. Even if a departing member is not paid for his interest, if the departure results in the assignee getting the departing members' share of liability, the departure is seen as an exchange or sale.

Assignment of Interest Versus Abandoning an LLC

If a member wants to withdraw interest in an LLC, he/she can choose to simply legally abandon the LLC in most states. The abandoning member should give some kind of notice to the other members explaining that he is abandoning membership. Abandoning membership does not usually require the approval of other members.

Abandoning an LLC does not absolve the member of liability he/she may have incurred when still a member.

If you need help with the assignment of interest in LLCs, you can  post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Content Approved by UpCounsel

• LLC Membership Interest Transfer Agreement
• What Is the Definition of Assigns
• Assignment of Interest
• Assignment Law
• Assignment of Interest Form
• Assignment of Rights Example
• Assignment of Rights and Obligations Under a Contract
• Assignment Agreement Definition
• Legal Assignment
• Partial Assignment of Contract

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Small estates: how does assignment of property work.

When a person dies, they are called a decedent. A decedent leaves property behind. That property needs to be passed on to those who will inherit it. If a person has a small estate, then a shortened process, called assignment of property, can be used instead of the probate administration process.

Read this article to learn about how to use the assignment of property process. You can use our Do-It-Yourself Settling a Small Estate  tool to create the forms you will need for this process. Read the article An Overview of Small Estate Processes to learn more about the other ways a small estate can be distributed.

What is In an Estate?

The property a decedent leaves behind that can be distributed through the assignment process could include:

• Real estate (houses and other buildings, land and the things attached to it)
• Personal property (furniture, cars, and other things not attached to land)
• Bank accounts and cash
• Stocks and bonds
• Debts owed to the person

Some of the property is not part of the estate, which means it cannot be distributed through the assignment process. The estate does not usually include:

• Jointly owned property,
• Insurance policies,
• Retirement accounts, or
• Trusts that are not established by a will

Jointly Owned Property

Jointly owned property is property owned by more than one person. It is generally not included in an estate. Examples of jointly owned personal property are if you and the decedent are both listed on the title of a car or if you have joint bank accounts. When the decedent died, you automatically have full ownership of that property, so it is not part of the estate. You may want to take a copy of the decedent’s death certificate to the bank or Secretary of State (SOS) to remove the decedent’s name from the account or car title.

However, sometimes joint ownership is more complex. If you own real property with the decedent, or if you own any type of property with the decedent and someone else, ownership can be hard to understand after a death. Read the article Jointly Owned Property  to learn more about this, or use the Guide to Legal Help to find a lawyer or legal services in your area.

Small Estates

In order to use the assignment process, a decedent’s estate must be small. Whether an estate is small depends on the value of the property in it. The dollar limit can change each year. If a person dies on or after February 21, 2024, an estate must be valued at $28,000 or less to be small. If a person died in 2023 through and including February 20, 2024 an estate must be valued at $27,000 or less. If a person died in 2022, an estate must be valued at $25,000 or less. If a person died in 2020 or 2021, an estate must be valued at $24,000 or less. If a person died in 2019 or 2018, an estate must be valued at $23,000 or less. 

Assignment of Property

Assignment of property is the small estate process you must use if the decedent had real property. However, even if there was no real property, you may choose to use assignment of property if an estate is small. This is the only small estate process where a Probate Judge reviews and approves the division of property.

To use this process, you must know all the property and the heirs the decedent had, and have information about the funeral or burial expenses. You must also be an heir or the person who paid the funeral bill.

You must list all real property and personal property with the value of each. You can estimate real property’s market value by doubling its State Equalized Value (SEV). You can find the SEV on property tax bills or assessments for the property. You can also find it on most county or municipality websites.

The value of the property in the estate is its market value. Any liens or loans on property will not be deducted when determining if the estate falls into the small estates amount. There is a separate calculation to determine the fees that the court will charge to file the petition. This is called the inventory fee. You are allowed to deduct the value of the mortgage or other liens on real property when you determine the inventory value. You are not allowed to make any deductions from the value of personal property. 

To estimate the value of personal property, think about how much you would ask for it at a yard sale or if you were selling it online.

Who Will Inherit?

After funeral and burial expenses have been paid, the court will order any remaining property to be divided among the heirs. The inheritance formula determines which heirs inherit property, and how much of the property each person will get. If there is a surviving spouse, that person inherits all the property.

If there is no surviving spouse, any property will be given or paid to direct descendants of the decedent, starting with the decedent’s children. If all of the decedent’s children are still alive, they will split the property equally. If a child died before the decedent, that person’s children will split the share equally. If the decedent had a grandchild who should inherit, but they died before the decedent, the grandchild's children will split the shares equally. If inheriting children or grandchildren die before the decedent with no living children of their own, the line of inheritance stops there. Their share will be divided between the remaining descendants.

If there are no living descendants of the decedent, the property will be split between the decedent’s parents equally. If only one parent is still living, that parent inherits all the property. If both parents died before the decedent, the property will go to their descendants, starting with the decedent’s siblings. The same rules of representation mentioned above apply.

If an inheriting sibling died before the decedent, that person’s child(ren) will split their share of the property equally. The same is true if an inheriting niece or nephew died before the decedent. If inheriting siblings, nieces, or nephews die before the decedent with no living children of their own, the line of inheritance stops there. Their share will be divided between the remaining heirs.

If no descendants of the decedent’s parents are living, the property is divided among the decedent’s grandparents. Half of the property will go to the decedent’s paternal grandparents, and the other half will go to the maternal grandparents. If only one maternal or paternal grandparent is living, they will take the full half of the property. If both grandparents on one side died before the decedent, their half of the property goes to their descendants, starting with the decedent’s aunts and uncles. The same rules of representation mentioned above apply.

If an inheriting aunt or uncle died before the decedent did, that person’s children will split the share of the property equally. The same is true if an inheriting cousin died before the decedent. If inheriting aunts, uncles, or cousins die before the decedent with no living children of their own, the line of inheritance stops there. Their share will be divided between the remaining heirs.

There are other rules too, including special rules if an heir dies after the decedent does. You can use our Do-It-Yourself Settling a Small Estate tool to help you figure out who will inherit and what share each heir will receive. You may also want to talk to a lawyer if you have questions about this. You can use the Guide to Legal Help to find legal services in your area.

Survivorship and the 120-Hour Rule

Survivorship affects inheritance rights of heirs and devisees. In Michigan, a person must live more than 120 hours after a decedent dies for that person’s survivorship rights to take effect. Generally, anyone who dies during the first 120 hours after a decedent’s death is considered to have predeceased (died before) the decedent and they lose their interest in the decedent’s property. The 120-hour rule is not followed if:

• A will, deed, title, or trust addresses simultaneous deaths or deaths in a common disaster;
• A will, deed, title, or trust states a person is not required to survive for a certain amount of time or it specifies a different survival period;
• The rule would affect interests protected by Michigan law; or
• The rule would cause a failure or duplication in distributing property.

Notice to Decedent’s Creditors

This process does not include any notice to creditors . If a creditor tries to collect a debt within 63 days of when the order is issued by the court, the person who got the property will have to pay the debt, up to the amount or value of the property the person got. This does not apply if the decedent’s spouse or minor children got the property. For example, if the decedent’s brother got $1,000, a creditor the decedent owed $500 could get the $500 from him. If the decedent had owed the creditor $1,500, the brother wouldn’t have to pay more than $1,000 to the creditor. If the decedent’s spouse or minor child got the property, they would not have to pay the creditor anything.

The Process

To start this process, file a Petition for Assignment with the probate court in the county where the decedent lived. If the decedent lived outside Michigan, file the Petition for Assignment in the county where the decedent had real property. You can use our Do-It-Yourself Settling a Small Estate tool to create this petition.

After you complete the form, print two copies. Date and sign both copies. The Do-It-Yourself Settling a Small Estate  tool will prepare a Testimony to Identify Heirs, but not all courts require it. Not all courts require a certified copy of the death certificate. You might want to check the probate court’s website or call and ask before you go to court to file the documents. You can find contact information for the court on the right side of this page if you have selected a county.

You will need to file the following documents with the probate court:

• Both copies of the petition
• The Testimony to Identify Heirs (if your court requires it)
• A copy of the death certificate
• Proof that the funeral and burial expenses have been paid or a bill showing the amount owed

There is a $25 filing fee. There is also an inventory fee. It is based on the value of property in the estate. If the property in the estate has no value, the inventory fee is $5. For example, if the decedent had a house that was worth less than the amount of the mortgage, the value of the estate could be zero. You can use the  inventory fee calculator  on the Michigan One Court of Justice website to see how much the inventory fee will be.

The petition is reviewed by a probate court judge. If everything is correct when you file the Petition and Order, the judge will sign it. You may be able to get your certified copy of the Order Assigning Assets on the day you file it. You need the Order Assigning Assets to distribute the property in the estate.

There is a fee to get a certified copy of the Order Assigning Assets. The fee to get a certified copy varies, but it is usually $15 to $20. You need a certified copy of the order to transfer the property in the estate. You may want to get more than one certified copy when you file the petition. Some courts charge less for extra certified copies if you get them at the same time.

The court will order the funeral and burial expenses be paid or reimbursed to whoever paid them. This means all paid and unpaid funeral expenses will be deducted from the value of the estate when determining if it is a small estate. If there is no cash available, something may have to be sold to pay those expenses.

Distributing the Property

Once the judge has signed the Order Assigning Assets, you will be able to distribute the property in the estate to the heirs. The Do-It-Yourself Settling a Small Estate  tool will tell you the shares each person is entitled to, but some things (like cars) cannot easily be divided. Decide how to divide the existing property so everyone gets the share they deserve.

Transferring Money from Bank or Credit Union Accounts

If the decedent had bank or credit union accounts that were not jointly owned with another person, take the certified copy of the order to the bank to close the account. The bank should release the money to the heir or heirs by writing a check or money order.

Transferring a Vehicle

If the decedent had a vehicle, the surviving spouse or heir must complete a Certification from the Heir to a Vehicle . If you use our Do-It-Yourself Settling a Small Estate  tool, you will get a completed certification form for each vehicle you are transferring.

Take it to the Office of the SOS with a copy of the death certificate. If you have a copy of the vehicle title, take that, too.

Transferring Real Property

If the decedent had real property, you will need to record a certified copy of the order to transfer the property. Take the order to the register of deeds for the county where the property is. Check the county’s website or call the local register of deeds office to find out how much the filing fee is.

You should not have to pay a transfer tax. Transfer tax is based on how much is paid for the property. Nothing was paid for this property when it transferred because the decedent died.

When the property is transferred, its value may “uncap.” The amount property tax can increase in a year is limited while the property is owned by the same person. When the property is transferred to another person, the property tax will be adjusted to the property’s current market value. You can learn more about property taxes on the State of Michigan’s Treasury Department website .

If the property was the decedent’s principal residence, it probably had a Homestead Tax Exemption attached to it. Under Michigan law, if you own your home you do not have to pay certain taxes on it.

If the person inheriting the property will be living there, they need to fill out a Principal Residence Exemption Affidavit . If whoever is getting the property is not going to live there but plans to continue owning it, they need to fill out a Request to Rescind a Principal Residence Exemption .

One of these forms must be filed with the city or township where the property is located within 90 days after the decedent’s death. If it is not filed, additional taxes and fees will be charged.

You may not have to file the Request to Rescind a Principal Residence Exemption for up to three years if the property is listed for sale during that time. If you are selling real estate in this situation, you may want to talk to a real estate agent or a lawyer. 

If you have a low income, you may qualify for free legal services. Whether you have a low income or not, you can use the Guide to Legal Help to find lawyers in your area. If you are not able to get free legal services but can’t afford high legal fees, consider hiring a lawyer for part of your case instead of the whole thing. This is called limited scope representation. To learn more, read Limited Scope Representation (LSR): A More Affordable Way to Hire a Lawyer . To find a limited scope lawyer, follow this link to the State Bar of Michigan lawyer directory . This link lists lawyers who offer limited scope representation. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. You can also narrow the results by topic by entering the kind of lawyer you need (divorce, estate, etc.) at the top of the page.

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Term and Conditions

The Assessor has developed an on line tool to look up basic information, such as assessed value and assessor's parcel number (APN), for real property in Santa Clara County.

Currently you may research and print assessment information for individual parcels free of charge. This system is best viewed using Internet Explorer 8.0 or higher and a screen resolution of 1024 x 768.

Please contact us with your comments or suggestions. If you have any questions or comments e-mail us. Your feedback is important in determining the type of and demand for services needed by the public.

This service has been provided to allow easy access and a visual display of County Assessment information. A reasonable effort has been made to ensure the accuracy of the data provided; nevertheless, some information may be out of date or may not be accurate. The County of Santa Clara assumes no responsibility arising from use of this information. ASSOCIATED DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this data before validating the data. [Revenue and Taxation Code Section 408.3(c)]

California Government Code 6254.21 states that "No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual." As the cost to collect and continuously update that information is prohibitive, the On-Line Property Assessment Information System does not display the Assessee name information.

The information contained in this web site is for the current owner of record only. Current owner history displayed is available for up to the most current three years only. If the ownership has changed during the past three years, the information displayed will only be for the most recently closed assessment roll. Certificates of title of mobile homes are processed through the California Housing and Community Development (HCD). For more information on certificates of title or ownership you can visit their web site at: www.hcd.ca.gov.

Any resale of this information is prohibited.

Change in Ownership

What constitutes a change in ownership? Are there any exclusions from the reassessment?

An exclusion occurs when the assessor does not reassess a property because the property or portions of the property are automatically excluded from reassessment or is eligible to be excluded if the owner properly files a claim. The following list covers most changes in ownership that are excluded from reassessment, either automatically or by claim; however, there may be other excludable qualifying transactions not listed here. Thus, you should contact your local assessor or an attorney if you have a specific transaction that you would like to discuss.

Please be advised that on November 3, 2020, voters approved Proposition 19 (Home Protection for Seniors, Severely Disabled, Families and Victims of Wildfire or Natural Disasters Act), which makes sweeping changes to a property owner’s ability to transfer their Proposition 13 Assessed Value. It also may change the process for claiming exclusions. Parts of the new law become effective on February 16, 2021, and parts effective on April 1, 2021. The most current information about the implementation of Proposition 19 is available at Proposition 19

Changes in ownership that require a claim to be filed to avoid reassessment include the following:

Changes in ownership that are possibly excluded from reassessment and do not require a claim form include the following (additional information may be requested):

• Transfers of real property between spouses, which include transfers in and out of a trust for the benefit of a spouse, the addition of a spouse on a deed, transfers upon the death of a spouse, and transfers pursuant to a divorce settlement or court order ( section 63 of the Revenue and Taxation Code; Rule 462.220 ).
• Transfers of real property between registered domestic partners that occur on or after January 1, 2006, which include transfers in and out of a trust for the benefit of a partner, the addition of a partner on a deed, transfers upon the death of a partner, and transfers pursuant to a settlement agreement or court order upon the termination of the domestic partnership ( section 62(p) of the Revenue and Taxation Code).
• Transactions only to correct the name(s) of the person(s) holding title to real property or transfers of real property for the purpose of perfecting title to the property (for example, a name change upon marriage).
• Transfers of real property between co-owners that result in a change in the method of holding title to the property without changing the proportional interests of the co-owners, such as a partition of a tenancy in common.
• Transfers between an individual or individuals and a legal entity or between legal entities, such as a co-tenancy to a partnership, or a partnership to a corporation, that results solely in a change in the method of holding title to the real property and in which proportional ownership interests of the transferors and the transferees, whether represented by stock, partnership interest or otherwise, in each and every piece of real property transferred, remains the same after the transfer.
• The creation, assignment, termination, or reconveyance of a lender's security interest in real property or any transfer required for financing purposes only (for example, co-signor).
• The substitution of a trustee of a trust or mortgage.
• Transfers that result in the creation of a joint tenancy in which the transferor remains as one of the joint tenants.
• Transfers of joint tenancy property to return the property to the person who created a joint tenancy (i.e., the original transferor).
• Transfers of real property to a revocable trust, where the transferor retains the power to revoke the trust or where the trust is created for the benefit of the transferor or the transferor's spouse.
• Transfers of real property into a trust that may be revoked by the creator/grantor who is also a joint tenant, and which names the other joint tenant(s) as beneficiaries when the creator/grantor dies.
• Transfers of real property to an irrevocable trust for the benefit of the creator/grantor or the creator/grantor's spouse.

Related items

• Proposition 19 Overview
• Proposition 8 Decline in Value Request - Mobile Home
• Temporary Decline in Market Value (Proposition 8)

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Yankees’ austin wells confident ‘good things will come’ offensively.

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Entering play Friday, there were 277 players in the majors who had averaged at least 2.1 plate appearances per game.

Statistically and essentially, Austin Wells ranked 277th in luck.

One-half of the Yankees’ catching tandem entered play with an .097 batting average and an expected batting average — a calculation that takes into account how hard a ball is hit, its trajectory and the hitter’s speed — of .256.

No hitter in baseball could match the negative-.159 difference between the actual and expected batting averages.

Informed about his ranking in the category, Wells wasn’t shocked.

“That seems fair,” said Wells, who did not play in the Yankees’ 5-3 win over the Rays in The Bronx.

Wells’ first full major league season has begun with praise on the defensive end, mostly strong at-bats and plenty of frustration.

He is in a time-share with Jose Trevino (who got the start Friday), Yankees catchers entering play with the fifth-worst OPS among catching groups in the majors.

There is potential for the Yankees’ group — Trevino a 2022 All-Star, Wells well-regarded in the minors for his offensive game — to emerge as an offensive strength, but Wells’ fortune will have to turn first.

The peripherals on Wells, who came up through the system as a bat-first catcher, remain strong.

Entering play, he had walked (seven times) more than he had struck out (six times), which boosted his on-base percentage to a more palatable .250.

He was not crushing the ball (an average exit velocity of 85.1 mph) but not creating much soft contact, either.

The contact has been consistent and consistently has found gloves.

“The majority of them have been quality at-bats,” Wells said. “I think the ball not falling on the grass or not getting through holes is definitely frustrating, but the process of the ABs has been good for what I’m trying to do and what I’m trying to improve on.

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“I think it’ll definitely come.”

It is generally easier for veterans, who have proven themselves at the major league level and know when their at-bat quality is strong, to weather slumps.

Wells, a 24-year-old who debuted at the end of last season, still needs to prove he can hit at the big-league level.

But Wells said plenty of older players around the clubhouse have reinforced to him that he is working pitchers the right way and that “good things will happen.”

“I’m not trying to push or press in any way, but I definitely want to see results,” said Wells, who posted an .802 OPS with Triple-A Scranton/Wilkes-Barre before last year’s promotion. “I feel like it’s a results-driven game, but to have success you kind of have to take that out of it and just trust the process.”

Wells began the season with two hits in two games and, since then, entered Friday in a 1-for-25 funk.

The stretch has included many at-bats like Wednesday’s in Toronto when he worked a 2-2 count against Kevin Gausman, got a splitter that hung up and smacked it up the middle — directly to the waiting glove of shortstop Bo Bichette.

In his previous start Monday, he forced Chris Bassitt into a full count and directed a well-struck fly ball right to Daulton Varsho in left field.

Wells, who has not brought frustrations to his defensive game and is ranked among the best at pitch-framing, shrugged it off.

“The only thing that I can focus on is the next AB,” Wells said. “For me, [it’s about] just going out there and doing that and trusting the process that I’ve built with the coaching staff over the last three, four months.

“Good things will come.”

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If OJ Simpson’s assets go to court, Goldman and Brown families could be first in line

O.J. Simpson, the football star and Hollywood actor who was acquitted of charges he killed his former wife and her friend in a trial that mesmerized the American public but was found liable in a separate civil case, has died.

FILE - Fred Goldman, father of Ron Goldman, hugs his wife Patti, as his daughter, Kim, left, reacts during the reading of the not guilty verdicts in O.J. Simpson double-murder trial in Tuesday, Oct. 3,1995, in Los Angeles. Simpson was acquitted in the murders of Goldman and Simpson’s ex-wife Nicole. Foreground is Los Angeles Police Detective Tom Lange, co-lead investigator in the case. Simpson, the decorated football superstar and Hollywood actor who was acquitted of charges he killed his former wife and her friend but later found liable in a separate civil trial, has died. He was 76. (Myung J. Chun/Los Angeles Daily News via AP, Pool, File)

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FILE - In this July 20, 2017 file photo, former NFL football star O.J. Simpson reacts after learning he was granted parole at Lovelock Correctional Center in Lovelock, Nev. Simpson, the decorated football superstar and Hollywood actor who was acquitted of charges he killed his former wife and her friend but later found liable in a separate civil trial, has died. He was 76. (Jason Bean/The Reno Gazette-Journal via AP, Pool, File)

FILE - In this Oct. 3, 1995, file photo, O.J. Simpson reacts as he is found not guilty in the death of his ex-wife Nicole Brown Simpson and her friend Ron Goldman in Los Angeles. Defense attorneys F. Lee Bailey, left, and Johnnie L. Cochran Jr. stand with him. Simpson, the decorated football superstar and Hollywood actor who was acquitted of charges he killed his former wife and her friend but later found liable in a separate civil trial, has died. He was 76. (Myung J. Chun/Los Angeles Daily News via AP, Pool, File)

FILE - O.J. Simpson and his wife, Nicole Brown Simpson, arrive for the opening of the Harley-Davidson Cafe in New York on Oct. 19, 1993. Simpson, the decorated football superstar and Hollywood actor who was acquitted of charges he killed Nicole Brown Simpson and her friend but later found liable in a separate civil trial, has died. He was 76. (AP Photo/Paul Hurschmann, File)

LOS ANGELES (AP) — O.J. Simpson died Wednesday without having paid the lion’s share of the $33.5 million judgment a California civil jury awarded to the families of his ex-wife Nicole Brown Simpson and her friend Ron Goldman .

Acquitted at a criminal trial, Simpson was found liable by jurors in a 1997 wrongful death lawsuit.

The public is now likely to get a closer look Simpson’s finances, and the families are likely to have a better shot at collecting — if there is anything to collect.

Here’s how the next few months may play out.

THE PROBATE PROCESS

In this July 20, 2017 file photo, former NFL football star O.J. Simpson reacts after learning he was granted parole at Lovelock Correctional Center in Lovelock, Nev. (Jason Bean/The Reno Gazette-Journal via AP, Pool, File)

Whether or not he left behind a will, and whatever that document says, Simpson’s assets will now almost certainly have to go through what’s known as the probate process in court before his four children or other intended heirs can collect on any of them.

Different states have different probate laws. Generally, the case is filed in the state where the person was living when they died. In Simpson’s case that’s Nevada. But if significant assets are in California or Florida, where he also lived at various times, separate cases could emerge there.

Nevada law says an estate must go through the courts if its assets exceed $20,000, or if any real estate is involved, and this must be done within 30 days of the death. If a family fails to file documents, creditors themselves can begin the process.

A STRONGER CLAIM IN DEATH?

Fred Goldman, father of Ron Goldman, hugs his wife Patti, as his daughter, Kim, left, reacts during the reading of the not guilty verdicts in O.J. Simpson double-murder trial in Tuesday, Oct. 3,1995, in Los Angeles. (Myung J. Chun/Los Angeles Daily News via AP, Pool, File)

Once the case is in court, creditors who say they are owed money can then seek a piece of the assets. The Goldman and Brown families will be on at least equal footing with other creditors, and will probably have an even stronger claim.

Under California law, creditors holding a judgment lien like the plaintiffs in the wrongful death case are deemed to have secured debt, and have priority over creditors with unsecured debt. And they are in a better position to get paid than they were before the defendant’s death.

Arash Sadat, a Los Angeles attorney who specializes in property disputes, says it is “100%” better for the claimant to have the debtor be deceased and their money in probate.

He said his firm had a jury trial where their clients got a $9 million jury award that the debtor appealed and delayed endlessly.

”He did everything he could to avoid paying this debt,” Sadat said. “Three or four years later, he died. And within weeks, the estate cuts a check for $12 million. That’s the $9 million plus interest that I had accrued over this time.”

The executor or administrator of the estate has much more of an incentive to dispense with debts than the living person does. “That’s why you see things like that happening,” Sadat said.

But of course that doesn’t mean payment will be forthcoming.

“I do think it’s going to be quite difficult for them to collect,” attorney Christopher Melcher said. “We don’t know what O.J. has been able to earn over the years.”

Neither Sadat nor Melcher is involved with the Simpson estate or the court case.

WHAT ASSETS DID SIMPSON HAVE?

In this Oct. 3, 1995, file photo, O.J. Simpson reacts as he is found not guilty in the death of his ex-wife Nicole Brown Simpson and her friend Ron Goldman in Los Angeles. Defense attorneys F. Lee Bailey, left, and Johnnie L. Cochran Jr. stand with him. (Myung J. Chun/Los Angeles Daily News via AP, Pool, File)

Simpson said he lived only on his NFL and private pensions. Hundreds of valuable possessions were seized as part of the jury award, and Simpson was forced to auction his Heisman Trophy, fetching $230,000.

Goldman’s father Fred Goldman , the lead plaintiff, always said the issue was never the money, it was only about holding Simpson responsible. And he said in a statement Thursday that with Simpson’s death , “the hope for true accountability has ended.”

WHAT ABOUT TRUSTS?

O.J. Simpson and his wife, Nicole Brown Simpson, arrive for the opening of the Harley-Davidson Cafe in New York on Oct. 19, 1993. (AP Photo/Paul Hurschmann, File)

There are ways that a person can use trusts established during their life and other methods to make sure their chosen heirs get their assets in death. If such a trust is irrevocable, it can be especially strong.

But transfers of assets to others that are made to avoid creditors can be deemed fraudulent, and claimants like the Goldman and Brown families can file separate civil lawsuits that bring those assets into dispute.