TL;DR
Probate is the legal process of distributing a deceased person’s assets. In California, it’s required when the estate’s probate-countable real and personal property exceeds $208,850 for deaths on or after April 1, 2025 (amounts adjust every three years). However, some assets like joint accounts or living trusts avoid probate. There are also limited exceptions, including exceptions for spouses and for a primary residence. Legal guidance can help make this process easier, faster, and less expensive.
Understanding Probate in Simple Terms
Probate is a legal process that takes place after someone dies. It’s how a court makes sure the deceased person’s debts are paid and their assets go to the right people. It sounds technical, but think of it like a supervised to-do list: gather assets, pay bills, and then distribute what’s left.
In California, probate can take 9–18 months depending on the estate and how complicated things get. Without the right planning, it can also become costly and frustrating for surviving family members.
What Is Probate For, Exactly?
Here’s what probate is designed to do:
- Prove that the deceased’s will (if they had one) is valid.
- Identify and gather all property owned by the person who passed.
- Appraise the estate (assign a value to everything).
- Pay debts and taxes.
- Distribute what’s left according to the will, or by state law if there’s no will.
Probate provides legal clarity and prevents disputes. The court ensures everything is transparent and handled fairly.
When Is Probate Required in California?
Probate is required when:
- There is no valid will (known as “intestate”).
- The estate includes assets solely in the deceased person’s name.
- Probate-countable assets worth more than $208,850 (for deaths on/after Apr 1, 2025).
- For a primary residence valued at $750,000 or less (deaths on/after Apr 1, 2025), heirs may use a simplified petition (DE-310). If the primary residence exceeds $750,000, full probate is generally required.
- The deceased did not set up a living trust or name beneficiaries for key assets.
Example: If someone passes away and owns a house worth $500,000 that isn’t in a trust and has no joint owner or named beneficiary, it will go through probate.
What Assets Avoid Probate in California?
Not all assets are tied up in probate. Some pass directly to beneficiaries. These include:
- Living Trust assets
- Joint tenancy property
- Retirement accounts with named beneficiaries
- Payable-on-death (POD) and transfer-on-death (TOD) accounts
- Life insurance policies with named beneficiaries
- Small estates (under $208,850, for deaths on/after Apr 1, 2025) and a decedent’s primary residence valued at $750,000 or less (handled by a simplified court petition, not a full probate)
- Estates payable to a spouse
Tip: A living trust remains one of the most effective tools to minimize probate.
All methods of avoiding probate, including living trusts, have risks and potential pitfalls. These should be reviewed with a qualified attorney.
For more on asset limits and small estate affidavits, visit the California Courts official probate page.
What the Court and Executor Do
Here’s how the roles break down:
The Court’s Role:
- Oversees the process
- Appoints an executor or administrator
- Approves asset distribution and resolves disputes
The Executor’s Role:
If there’s a will, the executor is named in it. If not, the court assigns one (called an administrator). Duties include:
- Collecting and managing assets
- Notifying creditors
- Paying taxes and debts
- Distributing assets to beneficiaries
The executor is a legal representative and must act in the best interests of the estate.
How to Prepare for Probate
If you’re planning for your own estate or helping a loved one plan ahead, here’s what to consider:
- Create a Living Trust: Most effective way to avoid probate entirely.
- Name Beneficiaries: On accounts like 401(k)s, IRAs, life insurance, etc.
- Use Joint Ownership Strategically: Shared accounts or property help bypass probate.
- Keep an Inventory of Assets: Make it easier for the executor.
- Consult a Probate Attorney: Especially helpful for large or complex estates.
Preparing now can save your family thousands of dollars and many months of legal delays.
Why Legal Guidance Is Critical
Probate law can be complicated. Even small mistakes (like missing creditor notices or incorrect forms) can delay the entire process or expose the executor to liability.
An experienced probate attorney can:
- Speed up the process
- Help avoid unnecessary court involvement
- Protect the estate from legal disputes
- Ensure compliance with California Probate Code
Even for smaller estates, professional advice can prevent stress and help everything run smoothly.
FAQ: Probate in California
Q: Is probate always necessary if there’s a will?
A: Yes. Having a will doesn’t avoid probate. It just directs how your assets are distributed during probate.
Q: How long does probate take in California?
A: Typically 9-18 months, but can be shorter for simple estates or longer if contested.
Q: Can I avoid probate for my home?
A: Yes, by placing it in a living trust or holding it in joint tenancy or, if it qualifies for the primary-residence petition (≤ $750,000) for deaths on/after Apr 1, 2025, it can go through a simplified court petition rather than full probate.
Q: What if someone dies without a will in California?
A: The estate goes through probate and is distributed according to California intestate succession laws.
Ready to Talk About Estate Planning?
Whether you’re navigating probate or want to avoid it altogether, our California-based legal team is here to guide you. Book a consultation today.
Values shown apply to deaths on/after Apr 1, 2025. See Judicial Council DE-300 for current maximums. This article was last updated August 2025.
