When Can Non-Probate Estate Administration Be Used in Torrance, CA?

Most estates in Torrance, CA go through probate after the estate owner passes away. But there are situations where you can use a simplified process that lets you avoid probate altogether. This can save your loved ones time, money, and stress. With the right planning, an estate administration attorney can help you structure your estate so you minimize or even avoid probate entirely.

When Can Non-Probate Estate Administration Be Used in Torrance, CA?

If the value of the estate is below a certain dollar amount ($208,850 in 2025), then it does not have to go through probate. In figuring the value of the estate, you can remove certain items from consideration, such as jointly owned property, accounts that are payable upon death, or assets in a trust. Some things, like life insurance benefits, are not considered part of an estate.

Other Specific Exceptions

Some property can be exempt even if the rest of the estate goes through probate, and removing these items may bring the total below the $208,850 limit. For example, up to $107,900 (in 2025) can be set aside for the immediate needs of the surviving spouse and minor children. This portion does not go through probate.

In addition, up to $20,875 (in 2025) owed to the deceased by a government entity, such as unpaid military salary, can be exempted. If the family home is worth less than $750,000 (in 2025), beneficiaries can request a transfer of ownership without going through the probate process. Up to $69,625 (in 2025) in personal property can also be transferred immediately, along with up to $20,875 (in 2025) in unpaid wages or salary

How Probate Without Administration Works

Your loved ones would first wait 40 days after your death and then fill out form DE–310, which is the California Small Estate Affidavit. They would submit this along with proof of death and proof of entitlement to your property. Then the various items in the estate can be quickly distributed without the expense and delay of probate.

How to Avoid Probate With a Bigger Estate

If your estate is bigger and cannot qualify for a small estate administration, there are still options, and if you plan now, you can change things for your beneficiaries. One option is to transfer much of your estate into a trust, which would allow it to bypass probate but still go to your beneficiaries upon your death. Other options include taking advantage of gifting laws and transferring assets in different ways.

Talk to an Estate Administration Attorney Today

To keep your estate safe for your beneficiaries, it’s wise to engage in proactive estate planning. Contact us now at The Probate House L.C. in Torrance or Irvine, CA at 310-504-2109 to get started.

Posted in Uncategorized | No Comments »