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Can You Avoid Probate?

It is not necessary for every estate to pass through the probate system in California. If the value of an estate is below a certain minimum, assets may be distributed upon a sworn statement or through a streamlined probate process. People with more significant assets may also be able to avoid probate through the use of a number of different estate planning tools. A skilled lawyer can help identify the tools that will best help you achieve your goals and may even enable your estate to avoid the probate process altogether.

When Probate Is Not Necessary

Assets will not need to pass through probate if they were owned in joint tenancy with another person or if they are designated as survivorship community property and will pass to a surviving spouse. Any assets which are held in a living trust will not need to go through probate. Assets held in a revocable living trust or accounts where a payable-on-death beneficiary has been named are also exempt from the probate process.

Any assets inherited by a surviving spouse or a registered domestic partner can be transferred through a spousal or domestic partner property petition. In these cases, the probate court is involved. However, the process is streamlined and is much faster than the typical probate process.

Contact Us To Learn More About Avoiding Probate Through Estate Planning

At the Law Offices of Alice A. Salvo, we can provide you with the comprehensive legal assistance you need to plan for your family’s future. To schedule a free initial consultation with our attorney, call our Woodland Hills law offices at 818-676-9572. You may also complete our online contact form.