After a loved one dies, one of the first questions families ask is whether they will have to go to court. The answer depends on what the person owned and how each asset was titled.
Assets that usually avoid probate
- Property held in a living trust
- Accounts with a named beneficiary, such as life insurance, retirement accounts, and payable-on-death bank accounts
- Property owned in joint tenancy, which passes to the surviving owner
- Property passing to a surviving spouse, which can often be confirmed with a simpler petition
Simplified procedures
California offers shortcuts for smaller estates, including a small estate affidavit for personal property and a simplified court petition for certain real property, including a primary residence within the statutory limit. These limits are adjusted periodically, so it is worth checking the current figures for your situation.
When full probate is needed
Probate is usually required when a person owned significant assets in their own name with no trust or beneficiary designation, such as a house that was never transferred into a trust. A full probate in Southern California often takes about a year.
A short review of the assets and how they are titled usually tells you which path applies. Learn more on our probate and trust administration page.
This article is general information about California law, not legal advice for your situation.