Probate is a legal process for settling assets after a person dies. “Assets” include homes, bank accounts, retirement accounts, and other personal property.
The issue is that probate can be a complex – and lengthy – procedure to go through. But is probate always required, and is it possible to avoid probate? Let’s consider this question below.
Probate proceedings are not automatically required in California. For example, it may be possible for very small estates to avoid probate. You might also avoid probate by placing estate assets into living trusts or setting up joint ownership.
However, probate may be required in California in the following circumstances.
If the person dies without a will, they die “intestate”. The estate should be divided according to California’s intestate succession laws. To fairly distribute the assets, the court will appoint a personal representative. This usually means going through probate.
Real estate, such as homes and businesses, normally require probate. It does not matter if there’s a will. There are exceptions; for example, if a surviving spouse has joint ownership rights over a house. Such assets do not require probate.
If the decedent’s assets are worth $184,500 or more in total, then it doesn’t matter what those assets are. The estate must go through probate before any assets can be distributed. . ($184,500 is the 2024 amount)
The courts must appoint a guardian to represent any heirs under the age of 18. As such, estates with young heirs usually always involve a degree of formal court procedure.
Some debts, such as unpaid tax debt, must go through probate. These debts must be paid before assets can be divided among surviving heirs.
Having a will does not mean you will avoid probate. For example, if anyone challenges a will’s validity, then probate settles the matter.
If you’re concerned about probate or how the process works, our estate planning attorneys are happy to assist.
Probate referees value an estate’s “non-cash” assets such as real estate. They work closely with an estate’s executor to gather information and perform appraisals. This means that probate referees are usually always involved in the California probate process.
Some court formalities are, normally, required for CA probate.
Probate court procedures can seem intimidating, but our team can support you and explain what to expect.
The probate process is inherently complex. If you’re unsure whether probate is required, or how to start a probate case, our team can help.
Our CA probate attorneys will clearly outline the process and answer any questions you have. We will ensure you feel fully informed – and empowered to make the right decisions for your family.
To learn more about probate, or to discuss an estate planning matter, contact us today.