Probate is a court-supervised process that handles a person’s estate after death. It involves gathering assets, paying debts, and giving what’s left to the right people.
In California, you might need probate if the deceased person owned property or had assets that were not automatically transferred to someone else. This process can be complex, but understanding when probate is necessary can help you manage it more effectively.
When do you need probate?
You usually need probate when someone dies owning property in their name alone. This could be a house, a car, or a bank account. If the total value of these assets is more than $166,250, you’ll likely need to go through probate.
When don’t you need probate?
There are times when you might not need probate. If the person who died had a living trust, those assets can skip probate. Also, if they owned everything jointly with someone else, those things can go directly to the joint owner. Some assets, like life insurance, have named beneficiaries. These can be passed on without probate too.
Small estates in California
California has a “small estate” rule. You can use a simpler process if the estate’s total value is less than $166,250. This is faster and cheaper than full probate.
Community property and surviving spouses
In California, married couples often own things as “community property.” This means both spouses own it together. If one spouse dies, the surviving spouse can often get these assets without going through probate. They can use a “spousal property petition” instead.
Why legal help might be needed
Probate can be tricky, especially if the estate is large or complicated. A lawyer can help you determine if you need probate and guide you through the process. They can also help you avoid mistakes that could cost time and money. If there are family disagreements or debts to deal with, a lawyer’s advice can be valuable.
Probate isn’t always necessary in California. It depends on what the person owned and how they owned it. If the estate is small, has a living trust, or is mostly community property, you might be able to avoid probate. But if the estate is large or complex, probate might be needed. When in doubt, it’s a good idea to talk to a lawyer. They can help you understand your options and make the best choices for your situation.