Have you ever wondered if every family estate must go before a judge after someone passes away? We understand that estate planning can feel confusing and having clear guidance can really help.
At Price Law Firm, APC, we strive to help Redlands families protect what they have worked hard to build. In this article, we’ll talk about when probate is required in California, examining the main rules so you can feel more prepared.
When is Probate Required in California?
Probate usually comes into the picture if a California resident leaves behind assets without a valid exemption or other workaround. In many cases, you will need probate if someone passed away while living in California or owned real property here. If neither an exemption nor a living trust covered their assets, probate is likely required.
Starting in 2024, probate is commonly needed when the total amount of the decedent’s estate stands above $184,500. This figure leads many families to check the estate’s size carefully. Assets such as real property or bank accounts in the decedent’s name alone can trigger probate if their total value crosses that threshold.
Keep in mind that certain accounts can transfer automatically upon death. If nearly all assets pass through beneficiary designations, payable-on-death accounts, or a valid living trust, a formal probate might not be needed, yet if enough assets remain subject to the probate threshold, the process still applies.
Assets Subject to Probate
A question people often ask is, “Which items actually go through probate?” The short answer: anything held solely in the deceased person’s name that does not carry its own beneficiary rules.
Here are examples of assets likely to pass through probate:
- Property titled only in the decedent’s name, such as a sole bank account or home.
- One-half of each item is owned by the decedent and spouse as community property if it’s in the decedent’s name.
- The decedent’s ownership share of any property held as tenants in common.
- Personal property such as artwork, furniture, or jewelry when no formal registration or transfer arrangement exists.
These assets often require the official court process to confirm who the beneficiaries are and ensure all genuine debts get settled first.
Assets That Avoid Probate
Not all property must enter the court system. Some can bypass formal probate.
Typical examples include:
- Assets contained in a living trust.
- Assets co-owned with another party under “joint tenancy.”
- Life insurance proceeds or retirement plans, provided a beneficiary is named.
- Funds in a “transfer on death” (T.O.D.) or “payable on death” (P.O.D.) account.
- Any asset that belongs to the surviving spouse under community property with the right of survivorship if all legal conditions are met.
Since these distributions happen outside the ordinary system, fees and delays often go down. People sometimes structure their estate to take advantage of these tools, reducing the chance of their loved ones facing a court-supervised procedure.
Simplified Procedures to Avoid Formal Probate
Even when you do not hold a trust or joint accounts, there may be routes around a fully supervised case if the estate’s value falls below certain limits or if all property is deemed community property. Here are the two main methods:
Small Estate Affidavit
California enables a more streamlined path if the total value of the estate is modest. An estate under $184,500 (for 2023) may use an affidavit to claim personal property without filing for the usual court process. This can be helpful if most high-value assets are transferred outside of probate. The affidavit forms are often available through a bank or an attorney.
Spousal Property Petition
Another simplified method is open to a surviving spouse. If the departed individual and their spouse owned all assets as community property, a spousal petition may allow a quicker transfer. This can remove the need for full probate, sparing months of expenses and court proceedings.
The Role of the Probate Court
When formal probate moves forward, the probate court has the job of ensuring that everything is handled correctly. The judge supervises the management of the estate, checking that expenses and taxes get paid and that the will’s instructions (or state rules when there is no will) are honored.
Key court responsibilities typically include:
- Confirming the validity of a will, assuming one exists.
- Appointing a personal representative (executor if named in a will, or administrator otherwise).
- Making sure all outstanding bills, taxes, and valid debts are settled.
- Overseeing the transfer of remaining property to the rightful beneficiaries.
This process can take place under various levels of oversight. Certain estates proceed under the “Independent Administration of Estates Act,” granting the executor broader authority to act without constant approvals. Others need more direct court approval, especially for big transactions such as selling real estate.
What Happens if There is No Will? (Intestate Succession)
Sometimes, a person dies without a will or their will addresses only part of the estate. In these cases, intestate succession laws decide who receives the inheritance. This system follows a fixed order of heirs, dictated by state law.
California generally starts with a spouse and children. If the deceased person was married, the spouse typically gets the community property and a portion of the separate property. Meanwhile, children share the remainder of that separate property. If there are no children, the spouse may receive the entire separate property. In situations with no spouse or children, other family members like siblings or nieces and nephews come next. If no living relative can be found, then the estate becomes the property of the state government.
This outcome is rarely what most people want when they pass away, which is why wills and other planning tools exist to ensure final wishes are honored.
How Long Does Probate Take?
For those going through the steps, one of the biggest concerns is time. A straightforward case can last around eight to twelve months. Many times, probate runs in the nine- to eighteen-month range, with some lasting even longer.
Why does it take so long? Waiting periods for creditors to come forward, the time involved in valuations by the court-appointed referee, potential disputes over assets, and possible tax filings. A complicated estate might add years, as dealing with multiple properties, litigation, or long-lost heirs causes further delays.
Need Assistance with Probate in California? Contact Price Law Firm, APC
We focus on guiding families through these issues with patience and dedication. Our team at Price Law Firm, APC, knows that you want your loved one’s wishes respected while preserving the wealth they left behind. Call us at 909-328-7000 or visit our Contact Us page to schedule a free consultation. We are here to support you through each phase of the probate process. Our goal is to keep things clear so you can have added peace of mind.
