"Probate" is generally defined as the court-supervised process for the distribution of assets and payment of debts of a dead person, or "decedent." The probate process will address two major required functions: (1) identifying the persons entitled to receive the decedent's assets, and (2) transferring legal title to the persons who are to receive them.

A will addresses the first function. Even if the decedent has a will, however, the probate court will oversee all of the executor's actions.

If the decedent has no will, then he or she is said to die "intestate." The basic laws of California inheritance are applied. None of the deceased wishes are taken into account; the result is frequently not what the decedent would have desired had he or she taken even a few basic steps to create a plan.

The second function mentioned above, transferring title of the decedent's assets to the person(s) chosen to receive them, will require the use of the probate court.

Avoiding probate is generally a good idea because it saves time and money. The typical probate case will last at least a year, and incur large fees on any estate that is valued above $100,000.

The best way to avoid probate is to use a revocable trust. This trust keeps assets out of probate by placing legal title to them into the name of the trust. The person (trustor) creating a trust will retain complete control of his or her assets during life, but the successor trustee chosen by the trustor will transfer assets to the beneficiaries after the trustor's death.