Probate can feel like a maze at the very moment your family needs clarity. A smart plan keeps your wishes front and center, and it helps the people you love skip court delays and extra costs. At Price Law Firm, APC, in Redlands, we have helped thousands of local families keep more of what they built and pass it on cleanly.
Attorney Sam Price brings 23-plus years of hands-on planning and a careful, get-it-done approach. He looks closely at the details that move the needle, then puts a plan in place that actually works in real life. In this article, we share practical ways to legally avoid probate in California, in plain English.
What is Probate and Why Avoid It?
Probate is the court process that validates a will, pays debts, and transfers assets to heirs. If there is no will, the court still runs the estate using California’s intestate rules. A will in California guarantees probate, so a will alone will not skip court.
People often try to avoid probate to save time, keep costs down, and keep family finances private. There is also more control over how and when beneficiaries receive assets outside of probate.
Drawbacks of Probate
Here is what often surprises families about probate in California.
- Time: Cases can take 18 to 24 months in some counties, which ties up inheritances during a tough period.
- Cost: Executor and attorney fees are set by statute and based on the gross estate value, not the equity. A home worth $1,000,000 is billed on $1,000,000 even if the loan is $800,000.
- Public: Court filings, the will, and the inventory are public records, including asset values and who gets what.
- Outright distributions: Adult beneficiaries generally receive their share in a lump sum, which might clash with your wishes for oversight or staged payouts.
The good news: you have several clean ways to sidestep probate if you plan ahead.
Top Ways to Avoid Probate in California
You can keep most assets out of court by using one or more of the tools below. The right mix depends on your property, family, and goals.
Living Trusts
A living trust can keep virtually any asset out of probate, including real estate, bank accounts, and investments. You sign a trust document, choose a successor trustee, and retitle assets into the trust’s name.
Once the trust is funded, your successor trustee can transfer assets to your beneficiaries without court after your passing. This route is private, flexible, and fast compared to probate.
Basic steps to set up and use a living trust:
- Create and sign the trust, and name a reliable successor trustee.
- Retitle assets to the trust, for example, record a new deed for your home and update account ownership.
- Keep funding current, so new assets do not fall back into probate.
The table below gives a quick side-by-side look at common probate-avoidance tools.
| Tool | Typical Assets | How Probate Is Avoided | Notes | Citation |
| Living Trust | Real estate, bank accounts, investments, business interests | Assets are owned by the trust, then transferred by the successor trustee | Private, flexible distribution terms | Common law trust principles |
| Joint Tenancy | Home, bank accounts, vehicles | Decedent’s share passes automatically to surviving joint tenant | All owners must hold equal shares | Cal. Civ. Code § 683 |
| Community Property with Right of Survivorship | Spouses’ or partners’ community assets | Title passes to surviving spouse or partner | Must be titled correctly | Cal. Civ. Code § 682.1 |
| POD Bank Accounts | Checking, savings, CDs | Bank releases funds directly to named POD beneficiary | You keep full control while living | Cal. Prob. Code § 5302 |
| TOD for Securities | Brokerage accounts, stocks, bonds | Broker transfers to beneficiary on proof of death | Often called beneficiary form | Cal. Prob. Code § 5507 |
| TOD Deed | California real estate | Recorded deed names beneficiary, then transfers at death | Revocable during life | Cal. Prob. Code § 5620 |
| TOD for Vehicles | Cars, trucks, motorcycles | DMV transfers title to named beneficiary | Simple DMV paperwork | Cal. Veh. Code § 4150.7 |
With that overview in mind, let’s look more closely at each method and where it shines.
Joint Ownership with Right of Survivorship
Property titled with a right of survivorship moves to the surviving owner without probate. The transfer still takes some paperwork, but not a court case.
California recognizes the following common forms of title:
- Joint Tenancy: Each owner holds an equal share, and the property passes to the survivor automatically, no court needed. See Cal. Civ. Code § 683.
- Community Property with Right of Survivorship: Spouses or registered domestic partners can hold title this way, and the survivor takes ownership by law. See Cal. Civ. Code § 682.1.
- Tenancy in Common: This one does not avoid probate. A deceased owner’s share passes to heirs through probate, not to the other co-owners. See Cal. Civ. Code § 686.
Adding someone to the title can carry tax or creditor side effects. A trust or TOD deed often solves those headaches with less risk.
Payable-on-Death (POD) Designations for Bank Accounts
A POD lets you name a beneficiary on a bank account. You keep full control while living, and the bank pays the beneficiary directly after your death without probate. See Cal. Prob. Code § 5302.
Banks usually have a short form for this. Be sure the name matches your plan and update it after life changes.
Transfer-on-Death (TOD) Registration for Securities
You can register brokerage accounts in TOD form so your named beneficiary receives the account directly from the firm. No court case is required, and the beneficiary works with the brokerage to retitle the account. See Cal. Prob. Code § 5507.
This is a clean fix for market accounts when you do not need certain distribution terms for kids or spendthrift issues.
Transfer-on-Death (TOD) Deeds for Real Estate
A California TOD deed lets you name who receives your home or other real estate at death. You sign the deed now, record it, and it takes effect later, not today. See Cal. Prob. Code § 5620.
You can revoke it, refinance, or sell during life. Your beneficiary has no ownership until you pass away.
Transfer-on-Death (TOD) Registration for Vehicles
For cars and similar vehicles, California allows a TOD beneficiary, and the DMV handles the change after death. This avoids a court file for a single car with modest value. See Cal. Veh. Code § 4150.7.
Keep the title in a safe spot so your beneficiary can find it when needed.
Spousal Set Aside
A spouse set aside can shortcut probate when community property or the deceased spouse’s separate property passes to the survivor. The court issues an order confirming what already belongs to the surviving spouse and what passes to them.
This option has trade-offs, so weigh them carefully:
- Possible exposure to the deceased spouse’s creditors.
- Possible claims for final medical bills and funeral costs.
- It applies only when the first spouse dies, so the survivor still needs a plan.
A living trust often gives the surviving spouse smoother protection and control without these risks.
Small Estate Affidavit
If the total estate stays under the threshold, an heir can use a small estate affidavit to collect assets without a full probate. In 2023, the cap was $184,500 for personal property, and separate rules apply to real estate under $61,500.
Certain items do not count toward the cap or are handled through other channels. For example:
- Assets held in a trust.
- Joint tenancy property and multi-party accounts with survivorship rights.
- Life insurance and retirement accounts with named beneficiaries.
- Vehicles, boats, and manufactured homes handled by the DMV.
- Real property located outside California and property passing to a spouse or registered domestic partner.
Limits can change, so check current figures before relying on the affidavit path.
Simplified Probate Procedures
Even without planning, some estates qualify for California’s small estate shortcuts. These procedures reduce delays and filings, and they can be a lifesaver for modest situations.
If the numbers are close or the asset list is messy, a quick review with a lawyer can save months later.
You have many options, and the right choice often comes down to title, beneficiaries, and a few forms that fit your goals. Here is how we help families sort that out.
How Price Law Firm, APC, Can Help
At Price Law Firm, APC, we care about protecting your savings and keeping transfers smooth for your family. We set up living trusts, TOD tools, and coordinated beneficiary designations that work together, so nothing falls back into probate by accident.
Have questions about your home, accounts, or business interests, or worried something got left out years ago? We offer a free, no-pressure phone call to talk through your situation and map out next steps that fit your life.
Feel free to call us at 909-328-7000 or reach us through our Contact Us page. We work hard for practical, reliable results for Redlands families and the surrounding communities.
