Why Probate Often Creates Stress
Probate is the court process used to settle a person’s estate after they pass away. In California, this process can drag on for a year or longer, involve court and attorney fees that quickly add up, and make private family and financial matters part of the public record. For many families, the idea of avoiding probate isn’t just about saving money, it’s about saving time and reducing stress during an already difficult period.
What Probate Means in California
Probate usually applies if someone dies with an estate worth more than $184,500 (as of 2025). The court validates a will, appoints someone to manage the estate, and supervises how property is divided. Because fees are based on the gross value of the estate, even families with modest homes often find themselves in probate. That’s why planning ahead matters.
Common Ways Families Avoid Probate
- Living Trusts: A revocable living trust allows property to pass directly to beneficiaries without going through probate. This keeps the process private and usually much faster.
- Joint Ownership with Right of Survivorship: If an asset such as a home or bank account—is owned jointly, the surviving owner automatically takes full ownership. While this can avoid probate, it may carry tax consequences or expose the property to the co-owner’s creditors.
- Payable-on-Death (POD) and Transfer-on-Death (TOD) Options: Many financial accounts, investments, vehicles, and even California real estate can be set up with these designations. Upon death, the named beneficiary receives the asset directly.
- Small Estate Affidavit: If the estate’s total value falls under $184,500, heirs may be able to use a simplified process called a small estate affidavit instead of going through full probate.
- Gifting Property During Life: Giving assets away before death removes them from the estate. While this avoids probate, it can trigger tax considerations, so it’s important to plan carefully.
Points to Think About
No single method works for everyone. Beneficiary forms should be reviewed regularly, trusts should be kept up to date, and property ownership should reflect your current wishes. Even one missed detail can send assets into probate. Careful planning today helps families avoid complications later.
Protect Your Family’s Future
At Price Law Firm, we work with California families to create estate plans that save time, reduce costs, and protect privacy. If you’d like to talk about the right plan for your situation, Call our Redlands office at 909-328-7000 or our Riverside office at 951-425-4000.
Making thoughtful decisions now is one of the best gifts you can leave to your loved ones. When was the last time you updated your estate plan?
