If there is little property in the estate, or the person planned their estate to avoid probate with a trust or other probate avoidance tactics, court may not be necessary.
If there is no will, the probate court will appoint an administrator. If there is a will but it does not name an executor, the court will appoint an “administrator with will annexed.” Like the executor, the administrator is responsible for completing all the requirements to distribute the assets of the estate, with one important distinction: the administrator has only limited authority to carry out the administration of the decedent’s estate and requires court approval before undertaking certain actions. This type of proceeding is known as a “court-supervised estate.”
Special non-court procedures apply if the real estate is in a trust, owned by more than one person (joint tenants or community property), or covered by a Transfer on Death (Beneficiary) Deed.
If the deceased person did not own real estate (or any real estate is transferred outside of probate), property like bank accounts, insurance, property in storage, and the like can be collected by the heir using a notarized Small Estate Affidavit (also called an Affidavit for Collection of Personal Property), without going to court at all. Vehicles and some mobile homes may be transferred by using DMV forms.
Business Hours: Monday - Friday: 9 AM - 5PM | Closed Weekends
Business Hours:
Monday - Friday: 9 AM - 5PM
Closed Weekends
Areas We Service in California
Eaglerock, Atwater Village, Silverlake, Whittier, Hollywood, Los Angeles, Pasadena, Los Feliz, Altadena, Alhambra, Van Nuys, La Crescenta, Tujunga, La Canada, Culver City, Pacific Palisades, Rancho Palos Verdes, Arcadia, Monrovia, Duarte, Flintridge, Burbank, Montebello, Santa Monica, El Segundo, Manhattan Beach, Redondo Beach, Hermosa Beach, Bel Air, Beverly Hills, Sherman Oaks