Small Estate Affidavits in 2026: Building the File and Making the Institution Honor It

Susie Coons
Susie Coons
McDonald Coons Law Group, APC

Jared R. Clemence
Jared R. Clemence
Eagle Heritage Law PC

Live Video-Broadcast: October 16, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

The thresholds went up. The bank's willingness to honor your affidavit did not

In 2024 and 2025 a wave of states raised their small estate affidavit thresholds, and California, Illinois, Arizona, and Colorado now let far larger estates bypass formal probate. Eligibility is no longer a quick arithmetic check. Whether the cap keys to the date of death or the date of filing, which assets count, and how they are valued now decide whether the affidavit route exists at all.

Misclassify a non-probate asset and the estate looks too large. Miss the real property dividing line and formal probate becomes mandatory. Sign an incomplete affidavit and the affiant carries the duties and liabilities. Present a proper file and the bank may still refuse it. California, Nebraska, Illinois, Washington, and UPC-adoption states supply statutory enforcement mechanisms and fee-shifting, mandatory in some and discretionary in others, but only if the argument was preserved before suit.

You leave with a threshold and asset-classification method for intake, a file-assembly checklist built for institutional review, and a pre-litigation escalation protocol that runs from statute to manager to legal department to demand letter. You also take a demand-letter framework that turns the institution's safe harbor against its refusal, plus the forum, burden, and fee-recovery considerations for a compelled-transfer action.

Key topics to be discussed:

  • New Threshold Triggers
    How the 2024–2025 increases in California, Illinois, Arizona, and Colorado change eligibility, and whether each cap keys to the date of death or the date of filing.
  • Asset Classification and Valuation
    Which probate and non-probate assets count toward the cap, how they must be valued, and when real property ownership forces formal probate instead of the affidavit.
  • Institution-Ready File Assembly
    What must be assembled before the affidavit is presented, the duties and liabilities the affiant assumes on signing, and the errors that get affidavits invalidated or rejected.
  • Reading the Bank's Refusal
    The institutional compliance patterns behind refusals, the legitimate grounds a bank may raise, and the statutory safe harbor you turn back on the institution to overcome resistance.
  • Pre-Litigation Escalation
    The statute-to-manager-to-legal-department-to-demand-letter sequence, and the steps that preserve the fee-shifting argument before any suit is filed.
  • Enforcement and Fee Recovery
    Mandatory versus discretionary fee-shifting in California, Nebraska, Illinois, Washington, and UPC-adoption states, and the forum, burden, and fee recovery in a compelled-transfer action.

This course is co-sponsored with myLawCLE.

Date / Time: October 16, 2026

  • 2:30 pm – 4:40 pm Eastern
  • 1:30 pm – 3:40 pm Central
  • 12:30 pm – 2:40 pm Mountain
  • 11:30 am – 1:40 pm Pacific

Closed-captioning available

Speakers

Susie Coons, Co-Owner | McDonald Coons Law Group, APC

Susie Coons is a co-owner of McDonald Coons Law Group, APC, in Bakersfield, California, where her practice concentrates on estate planning, trust administration, trust litigation, and probate. She represents individuals, families, fiduciaries, and beneficiaries through every stage of settling an estate, and serves clients in both English and Spanish.

  • Education & Credentials

Susie holds her Juris Doctor from The Santa Barbara & Ventura Colleges of Law and is licensed by the State Bar of California. She practices from McDonald Coons Law Group’s Bakersfield office, a firm built to concentrate exclusively on estate planning, probate administration, trust administration, and the establishment of conservatorships — a focus that allows her to work these matters at depth rather than as an adjunct to a general practice.

  • Recognition & Leadership

Susie serves as Treasurer of the Probate Section of the Kern County Bar Association, an elected officer role within her local probate bar. She co-founded McDonald Coons Law Group with Stevie McDonald and serves as the firm’s Vice President and co-owner, sharing responsibility for the firm’s practice standards, client service, and operations.

  • Professional Involvement

Through her role with the Kern County Bar Association’s Probate Section, Susie stays engaged with the practitioners, court staff, and procedures that shape probate practice in Kern County. She also volunteers her time with local Mock Trial competitions, working with student teams on advocacy and courtroom skills. Before co-founding McDonald Coons Law Group, she practiced as an attorney with Rossi Law Group.

  • Experience

Susie’s practice covers the full arc of estate administration: intake and asset analysis, identifying which assets pass through probate and which transfer outside it, small estate and simplified transfer procedures, formal probate administration, trust funding and administration, and disputes that arise between fiduciaries and beneficiaries. At McDonald Coons Law Group this work sits alongside the firm’s broader practice in wills, trusts, special needs trusts, guardianships, conservatorships, and living wills.

Because the firm serves clients in both English and Spanish, Susie regularly works with families for whom the probate system is unfamiliar territory — a population that often arrives without documentation in order and without a clear picture of what the process requires. That experience informs a practical, step-by-step approach to building a complete file.

 

Jared R. Clemence, Attorney | Eagle Heritage Law PC

Jared R. Clemence is a Bakersfield, California probate and trust attorney who practices at Eagle Heritage Law PC centers on small estate transfers, decedent estate administration, trust administration, and probate litigation. He writes regularly on California small estate procedures, including what to do when a bank refuses a California small estate affidavit and the mistakes that sink Kern County DE-310 primary residence petitions.

  • Education & Credentials

Jared earned his J.D. from Monterey College of Law and is licensed by the State Bar of California. He completed his undergraduate studies at Drexel University, where he taught graduate-level mathematics in the Mathematics Department’s tutoring center and developed statistical analysis software for institutional survey data. He also holds a California real estate license and has worked in California real estate since 2021, affiliated with Watson Realty Services Inc. in Bakersfield — a dual credential that shapes his approach to estates holding real property.

  • Recognition & Leadership

He is the author of No Will? No Problem! published January 5, 2023, and available through Amazon and the Kindle Store. Following the book’s publication, he was accepted as a 2023 member of Lawyers of Distinction, and his work has been featured in The New York Times. He serves on the Board of Directors of the Kern County Bar Association.

  • Professional Involvement

Jared publishes an ongoing series of practitioner- and family-facing articles on California probate, small estate transfers, trust administration, and real estate law, covering topics such as bank refusals of small estate affidavits, probate sales with court confirmation, managing access to digital estates, a trustee’s duty to inform beneficiaries, and buying out siblings from an inherited house. He has also served on the Bakersfield Chamber of Commerce’s Business Development Committee.

  • Experience

Before founding Eagle Heritage Law, Jared spent four years at Coleman & Horowitt, LLP, a Primerus member firm with offices in Fresno and Bakersfield, representing clients in probate litigation, estate planning, unlawful detainer, and real estate litigation.

His probate and inheritance practice covers small estate transfers, decedent estate administration, trust administration and litigation, beneficiary representation, and undue influence and financial elder abuse cases. On the real estate side, he handles title disputes, partition actions, quiet title lawsuits, and unlawful detainers, and he also practices family law and childcare license defense.

Agenda

SESSION 1 – Building the Small Estate Affidavit File Under the New State Thresholds | 2:30pm – 3:30pm

This session covers the 2024–2025 wave of state threshold increases reshaping small estate affidavit eligibility, the mechanics of accurate asset classification and valuation, and the documentation requirements for building a complete, institution-ready file. Attorneys will learn to distinguish probate from non-probate assets, apply filing-date versus death-date triggers across key jurisdictions, and avoid the most common errors that invalidate or delay affidavits. Practitioners gain practical competency in intake analysis, threshold calculation, and file assembly under the new statutory frameworks in California, Illinois, Arizona, Colorado, and other high-population states.

BREAK | 3:30pm – 3:40pm

SESSION 2 – When the Bank Refuses the Affidavit: Escalation, Enforcement, and Fee Recovery | 3:40pm – 4:40pm

This session equips attorneys to respond when a financial institution refuses to honor a properly executed small estate affidavit. Attendees will learn a structured pre-litigation escalation protocol, the statutory enforcement mechanisms available in California, Nebraska, Illinois, Washington, and UPC-adoption states, and how to invoke mandatory and discretionary fee-shifting provisions to recover attorney fees. Practitioners leave with a demand-letter framework, an understanding of institutional safe harbors, and litigation filing considerations for compelled-transfer actions.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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