|
|
Last Modified on Jan 11, 2026
While there are resources available to avoid probate in the future, many Californians might find that their loved ones’ assets were not designated to any specific beneficiaries. This realization and the probate that follows can cause added stress, anxiety, and uncertainty in an already emotionally driven time of grief. This may leave you wondering what is probate in California.
Probate in California
Probate is the process through which estates and assets are distributed to one’s family after their passing. This is a process supervised by the court to settle the estate of the deceased. In simplest terms, probate requires the validation of the deceased’s will, payment of any outstanding debts and taxes, and the distribution of the assets. This process is made easier if a will is present, but a will is not required.
What if the Deceased Does Not Have a Will?
If a California resident passes away without a will, the process of probate will be triggered. Probate without a will to validate could take exceptionally longer, up to 18 months in more complicated cases. Typically, judges will default to the Intestate Succession Law. In California, the order of Intestate Succession is:
- Surviving spouse inherits assets. If children are present, further divisions will be made.
- If there is no surviving spouse, children receive the inheritance.
- If there is no spouse or children, assets go to parents or siblings.
- If there are no surviving beneficiaries, the assets will be reverted to the state of California.
One way to secure your estate or assets is to establish a living trust with a trust administration attorney.
Hire a Probate Lawyer
While it might not be necessary to have a probate attorney, there are many complex steps involved in the process of probate that a California probate lawyer will assist with:
- You and your legal representation need to file a petition for probate with the Superior Court in which the deceased lived.
- The court will appoint an executor named in a will, or an administrator if there is no will present.
- You and your probate attorney will gather assets and financial documents proving asset history and futures for all assets to be fairly evaluated by an appraiser.
- Any existing debts or taxes in the name of the deceased must be paid, and collectors notified of the death.
- Once all assets have been appraised and all debts owed are paid, beneficiaries will receive allotted assets.
There are other fees associated with probate, including filing fees and any attorney or representation fees.
Save Time Now and Help Your Loved Ones Avoid Probate Later
Over the last decade, probate cases in California have increased by 38%. The easiest way to help your loved ones avoid probate in the future is to create a revocable living trust. A living trust allows for the transfer of assets to beneficiaries without the involvement of the court. This also allows you to remain in control of your assets while living. Of course, there can still be contention upon the reading of a trust, usually resulting in the need for trust litigation.
Other options for avoiding probate in California include:
- Joint Tenancy or Community Property
- Payable on Death and Transfer on Death Accounts
- Real Property Transfer on Death Deed
- Gifting
Some estates might fall beneath the threshold that requires assets go through probate. As of 2026, if total assets are valued below $208,850, the estate is considered small and can bypass the process of probate.
FAQs
How Can I Avoid Probate in California?
The most effective way to avoid probate in California is to establish a living trust to name beneficiaries and legally document your wishes for your estate and assets. Probate can be confusing and bring with it high emotions in an already emotionally charged time for you or your family. A living trust is like a will in that it is used to name trustees and beneficiaries after your passing, allowing for the transfer of assets without the probate process.
Do All Estates Have to Go Through Probate in California?
No, in California, not all estates have to go through the process of probate. Probate is generally only required if the deceased left more than $208,850 in assets in their name. If assets and estates were listed in a trust, joint tenancy, or with already established beneficiaries from other legal forms, they are typically able to avoid going through the process of probate. If you are unsure of the status of your assets, a California probate attorney can help.
How Much Money Triggers Probate in California?
While there are some exceptions to probate, such as small estates totaling under $208,850, a petition to determine succession, a primary residence valued under $750,000, or excluded assets such as insurance policies or property held in a living trust, estates must generally go through the process of probate upon the death of the asset holder. It is important to note that only assets held solely in the name of the deceased will be subject to probate.
Do Bank Accounts Go Through Probate in California?
Bank accounts in California go through probate if the account was held solely in the name of the deceased and without a designated beneficiary. Financial exceptions to probate are like other assets, protected from probate if left to a designated recipient, a jointly owned account, is a part of a living trust, or has a total value less than $208,850 as of 2025. It is always wise to get legal advice when it comes to protecting financial assets.
Calabasas Probate Lawyer
It is important to choose the right legal representation when dealing with estate and probate law. Barry Law Group is here to support you through what can sometimes be not only stressful and confusing, but also an emotionally taxing process as well. A California probate lawyer will be able to sort through the estate and administer it properly, and per your wishes.
Hiring a probate lawyer can help you better understand and navigate the many processes involved in estate planning. Here to offer advice and guidance throughout, let a California probate attorney help. Contact Barry Law Group today and secure your estate for the future.
