Why People Struggle
- They don’t realize probate can take 9–18 months or more, even with a will.
- They assume all assets must go through court, when many can transfer by title or beneficiary.
- They miss updated small-estate dollar limits and use the wrong forms.
- They set up tools like trusts or TOD deeds but never “fund” or record them.
- They forget vehicles and bank accounts have separate, non-probate paths.
In this article, you’ll learn how to avoid these pitfalls and make informed choices. To sidestep these pitfalls, review the most common estate planning mistakes.
Use Non-Probate Transfers Where Possible
Why it matters: Property that passes by title or beneficiary does not need a probate court order. That can save time and fees for Santa Clarita families.
What to do:
- Beneficiary designations on retirement accounts and many bank/brokerage accounts (POD/TOD) pass directly to the named person. Retirement accounts typically avoid probate if beneficiaries are set.
- Joint ownership with right of survivorship lets the surviving owner take title automatically.
- Community property with right of survivorship for spouses/registered domestic partners can pass the home to the survivor outside probate.
- Transfer-on-Death (TOD) deed for a home allows you to name a beneficiary; it is revocable and takes effect at death (Probate Code §5642;).
- Vehicles can transfer using DMV’s “Affidavit for Transfer Without Probate (REG 5)” in qualifying cases.
Tip: Keep beneficiary forms current after life events. If no beneficiary is named, the asset may fall into probate.
A Common Mistake: Creating a Trust but Not Funding It
If you’re weighing whether a trust is right for your situation, speak with a Santa Clarita living trust attorney.
Why it happens: People sign a revocable living trust, assume “I’m done,” and never retitle assets into the trust’s name. Assets left outside the trust can still require probate.
The correct approach: After signing the trust, transfer title of your house, accounts, and other assets to the trust (for real estate, record a new deed to the trustee; for accounts, change the title with your bank). Only assets properly titled in the trust are distributed by the successor trustee without probate.
Extra note on homes: If you prefer to keep title in your name, a California TOD deed is another option, but it must meet witness, notarization, and recording rules to be valid (Probate Code §§5624, 5642).
Incapacity Planning Goes Hand-in-Hand
Even with a funded trust, you still need decision-makers for finances and health care during your lifetime. Consider naming agents through a durable power of attorney and an Advance Health Care Directive.
Small-Estate Shortcuts (When Available)
What they are: California allows simplified “summary succession” processes when the estate (or certain property) is under set dollar limits.
Key limits: The Judicial Council’s DE-300 lists current maximum values used to decide if an estate can use these shortcuts. As of April 28, 2025, updated amounts apply; always check the latest DE-300 before filing. The small-estate affidavit page also explains which deaths and asset values qualify.
Examples:
- Affidavit for collection of personal property to claim bank accounts or other personal property under the limit.
- Affidavit re real property of small value (DE-305) for very small amo unts of California real property.
Expected Results
When assets pass by beneficiary, joint title, community property with right of survivorship, a valid TOD deed, or through a funded living trust, your heirs can receive property without opening a formal probate. This avoids the 9–18 month timeline that many court cases require. It also reduces filings and court oversight, though taxes and creditor rules still apply as the law provides.
If probate is unavoidable for part of the estate, learn the steps for closing an estate after probate.
Plan for Lawsuits, Not Just Probate
If you also want to reduce exposure to creditors and lawsuits during your lifetime, speak with a Santa Clarita asset protection attorney.
FAQs
What assets avoid probate in California?
Assets with a named beneficiary (POD/TOD), jointly owned assets with survivorship, community property with right of survivorship, assets titled in a living trust, and homes with a valid TOD deed can avoid probate.
How much can an estate be worth and still use a small-estate affidavit?
Dollar limits are set by law and adjusted over time. Check the latest Judicial Council DE-300 for current thresholds, and review the small-estate affidavit guidance.
Does a will avoid probate?
No. A will guides who inherits, but the estate may still need probate. Non-probate transfers and properly funded trusts bypass court.
Are vehicles always part of probate?
No. In qualifying cases, a vehicle can be transferred with DMV’s Affidavit for Transfer Without Probate (REG 5) and related steps.
Local Note for Santa Clarita
Los Angeles County residents should record any real-property deeds (including TOD deeds) with the County Recorder and confirm beneficiary or trust titling on local bank and brokerage accounts. For legal planning, consider a review with a Santa Clarita estate planning attorney to align deeds, account titles, and beneficiaries with your goals.
Next Steps
- Review and update beneficiaries (POD/TOD) on accounts.
- Decide between funding a living trust or using a TOD deed for your home.
- Confirm whether your estate may qualify for small-estate procedures and the current limits.
- Keep copies of deeds, beneficiary forms, and trust documents together and up to date.
Learn more about our firm: Law Offices of Andrew Cohen.
