Yes provided that all of the decedent's debts are paid by the family a full blown probate can be avoided by using one of the summary probate procedures. This article will summarize the different options available for summary administrative proceedings.
The summary administration procedures in California Probate Code §§13000-13660 are substitutes for formal (full-blown)probate administration when the total value of the estate is small, or when the person entitled to the property is the surviving spouse or registered domestic partner.
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Compared with regular probate administration, summary procedures may reduce expenses and the time required to transfer property. Even if summary administration ends up saving time, the person or persons entitled to receive the property are responsible for paying the decedent's debts, at least to the extent of the property received and must also file any required tax returns and pay taxes due.
The most useful summary procedures are: (1) collection of small estates by declaration, California Probate Code §§13100-13116 ( personal property and motor vehicles only) ; (2) petition for order of succession to real property and additional personal property( not more than $100,000 of property), California Probate Code §§13150-13158; (3) transfer of property of "small value" by declaration under California Probate Code §§13200-13210 (not more than $20,000); and (4) passing property to a surviving spouse or registered domestic partner without administration under California Probate Code §§13500-13554.
Please note that the amounts listed do not include many of the assets a person may leave behind. Among those assets that are not counted towards the statutory limits for the various summary procedures are:
In Future Posts I will go into greater detail of each of these summary procedures and then update this post to link to them.
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775-9774
http://www.twininglaw.com
