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California Inheritance Law & Probate Procedure

California PROBATE COURT FINDER:
- Probate Court for Los Angeles County: Key information about your local probate court (Superior Court in California) for Los Angeles County.
How Probate Works in California: How to handle the probate of an inheritance at Los Angeles County's probate court.
- Here are links to:
  - California Probate Forms and the
  - California State Probate Court Website.
Small Estates Procedures in California: Learn how to use California's Small Estate procedures that can save you time and money.
- In California, there is an Affidavit procedure available as long as the personal property does not exceed $184,000. There's a 40-day waiting period. Cal. Prob. Code 13050.
  
  There's also an Affidavit procedure that you can use if you have real property worth less than $50,000 (of which there is not much in the Golden State); there's a six month waiting period for this. Cal. Prob. Code 13200 and following.
  
  You can also use an Affidavit to collect up to $15,000 of salary and other compensation (including unused vacation time) owed to the deceased spouse. Cal. Prob. Code 13600.
  
  There's also a summary probate procedure that's available for estates worth less than $150,000. This dollar value doesn't count real property outside of California, property that passes by joint tenancy, property left outright to a surviving spouse, life insurance or other assets that pass by beneficiary designation, and property held in living trusts. Cal. Prob. Code 13150 and following.
California Estate Taxes:
- California, like most states, does not impose an estate or inheritance tax. Only a few states do.
Avoiding Probate in California. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
- Transfer on Death Deeds (TODDs)

Bankruptcy & Debt

MEANS TEST CALCULATOR
- for Los Angeles County, California (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for May 15, 2024)
California BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under California law and Federal law, for use in filing out Schedule C, when you file for bankruptcy.
- Federal Exemptions available in California?:
  - No. Federal exemptions not available. Instead, California has two systems of exemptions, one of which ("C2") closely mirrors the federal scheme. Cal. Civ. Proc. Code § 703.130
- California Homestead Exemption
  - $339,196 to $678,391 depending on the county, and the median sale price for a home in prior calendar year.
    
    2023 California Homestead Calculator (by County)
- California Vehicle Exemption
  - Motor vehicles to $7,500, or $7,500 in auto insurance for loss or damages for 90 days (husband and wife may not double)
California BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.
California is divided into 4 federal districts with main cities in
- San Francisco (Northern District)
- Sacramento (Eastern Distrcit)
- Los Angeles (Central District)
- San Diego (Southern District)
FREE BANKRUPTCY FORMS:
We'll tell you which bankruptcy forms you need and where to find them.

California Unemployment Benefits

Benefit Amounts in California: Learn how unemployment works, how much you'll get, and for how long.
- Minimum:
  - $40 per week
- Maximum:
  - $450 per week
- Duration:
  - In California, you can receive unemployment benefits for a maximum of 26 weeks under state law.
Eligibility: >Whether you qualify for unemployment.
How to Apply: How to apply for unemployment in California.
- California Employment Development Department
  - 800-300-5616
Unemployment Office Near Me? How to find your local unemployment office.
COVID-19 Benefits: We tracked the rise and fall of COVID-19 unemployment benefit payments.
California Wage & Hour Law
- California Minimum Wage:
  - The minimum wage in California is $16 an hour. Because this is higher than the federal minimum wage of $7.25, employees in The Golden State must be paid at least $16 an hour.
    
    As of April 1, 2024, fast food workers minimum wage is $20 per hour.
    
    Quite a few local governments in California have passed ordinances establishing a higher minimum wage. If you work in one of these cities or counties, you are entitled to earn the higher local minimum wage amount.
    
    Los Angeles County Minimum Wage
    
    In unincorporated Los Angeles County, the current minimum wage is $16.90 per hour.
- Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in California and whether they apply to you.
- Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in California.
- Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in California.
  - The tipped minimum wage in California is the same as the regular minimum wage: $16 an hour. Tips don't count against the employer's obligation to pay the minimum wage.