Non-Probate estate administration
simplified administration
Even without a trust, not every estate in California must go through full probate.
In many situations, California law provides alternative procedures that allow assets to be transferred outside of probate through affidavits, simplified court petitions, or statutory exceptions. These options are typically available when the estate is below California's probate threshold, when title can be legally clarified or corrected through a limited court petition or affidavit process, or when the asset qualifies for a specific statutory exception.
These procedures can significantly reduce delay, cost, and court involvement—but they are highly technical and must be handled correctly to avoid rejected filings or title issues.
We assist clients in identifying and completing all available non-probate estate transfer options, ensuring assets are properly collected, transferred, and retitled under California law.
COMMON NON-PROBATE TRANSFER PROCEDURES
Small Estate Affidavit
When an estate falls below California’s statutory threshold ($208,850 for deaths after April 1, 2025), certain assets may be collected using a Small Estate Affidavit instead of probate. This allows eligible heirs to transfer bank accounts and personal property through a sworn statement.
Petition to Determine Succession to Primary Residence
If a deceased person's primary residence is valued at $750,000 or less (for deaths occurring after April 1, 2025), eligible heirs may be able to obtain title to the property through a simplified court procedure without opening a full probate estate.
Affidavit Re Real Property of Small Value
If a deceased person's California real property (other than a primary residence) has a gross value of $69,625 or less (for deaths occurring after April 1, 2025), eligible heirs may be able to transfer title using a simple affidavit procedure without opening a probate case.
Spousal or Domestic Partner Property Petition
This streamlined court procedure allows a surviving spouse or registered domestic partner to confirm or transfer property rights without full probate. It is commonly used to clarify or transfer community or quasi-community property.
Affidavit of Death of Joint Tenant, Community Property with Right of Survivorship Transfers and Transfer-on Death Deeds
Certain types of real property ownership allow title to pass automatically at death without probate, including joint tenancy, community property with right of survivorship, and transfer-on-death deeds. In each case, the surviving co-owner or named beneficiary receives full ownership upon death, with title typically updated by recording an affidavit or death-related instrument with the county recorder.
Heggstad Petition
A Heggstad Petition is used when a decedent intended to transfer assets into a trust but failed to formally retitle them. The court may confirm those assets belong to the trust without requiring probate administration.
WHY PROFESSIONAL GUIDANCE STILL MATTERS
Avoiding probate does not always mean avoiding complexity. Non-probate transfers often involve detailed legal requirements, strict deadlines, and extensive documentation, and even minor errors can create delays or complications.
Financial institutions may also require different forms, certifications, or supporting documents before releasing information or assets. Having experienced legal guidance can help ensure the process is handled correctly from the outset, reducing confusion, delay, and unnecessary stress during an already difficult time.