Non-Probate Administration

What is Non-probate Administration?

Non-probate administration is the administration of property that does not pass to a person through a court probate upon the death of another person. This can happen for a number of reasons. For example, the value of a person’s property may be sufficiently small that a less formal process than probate may be used that does not require a court proceeding. In the state of Washington, “small” estates can be administered through the use of a small estates affidavit. Another reason non-probate administration may be possible is the form of ownership in which the property is held. For example, property may be held in a trust, it may be the subject of a community property agreement between spouses, it may be a payable on death or transfer on death account, or it may be held by more than one person as joint tenants with right of survivorship. In the trust situation, if a trust beneficiary dies, the property is still administered according to the terms of the trust; the property may remain in trust for another beneficiary, it may be distributed, or part may remain in trust and part may be distributed. A community property agreement between spouses can provide for the disposition of property after the death of either spouse. A payable on death or transfer on death account, such as some bank accounts, transfers by operation of law to a co-owner or co-owners upon the death of a co-owner. If two or more people own property as joint tenants with right of survivorship, the death of a joint owner transfers their interest in the property by operation of law to the surviving joint owners. A court probate proceeding is not necessary for such transfers to occur.