If you have recently lost a loved one in California, you may be wondering, “What are the rules on probate in California?” The process can be lengthy and complex, full of emotions and tough decisions. Having a Vista probate law firm helping you navigate each step can eliminate some of the stress and confusion, as well as ensure that the rules for probate are followed.

What Is the Threshold for Probate In California?

Probate is usually considered necessary when the total value of assets and property belonging to the deceased exceeds a certain amount. In California, the current threshold will increase from $184,500 to $750,000 beginning April 1, 2025. The reason for this increase is to reflect the change in estate value. This threshold, however, only applies to the total value of assets that are subject to probate. Payable-on-death accounts, joint tenancy, and living trusts are generally exempt.

The Importance of Having a Will

Having a will can save you from wasted time and pointless confusion. Losing a loved one is hard enough, but not being able to determine the deceased’s final wishes can cause anxiety and unnecessary dissension in the family. A will is effectively a legal tool that brings clarity to property and asset distribution.

While not everyone will need to undergo the probate process, it can be a monumental help when splitting up the estate. Validating the will can bring peace of mind and will also lead to having either an executor or a court-appointed administrator handle carrying out your loved one’s final wishes. Wills may cover anything from charitable donations to familial inheritance. In most states, a will is considered valid when it contains the following:

• It is signed by the individual and two witnesses
• An executor is named
• A guardian is named for any minors
• It is computer-printed or typed (although California will accept holographic wills)
• It states that these are, in fact, the final wishes of the individual
• The individual is eighteen years or older

Having an attorney assist you through the will-making process can help you prepare for the future probate process. It will give loved ones clarity and help protect families from unnecessary confusion. It may also cut down on potential arguments and dissension.

What if There Is No Will?

While having a will simplifies the probate process, some people pass before having one set up. Fortunately, there is a process put in place in case this happens. When the deceased does not have a will, the state’s intestate succession laws will direct the distribution of the deceased’s assets. In California, the laws of intestate succession tend to prioritize close family members, such as children, parents, spouses, and siblings.

An appointed administrator will gather all of the deceased’s assets, pay off all outstanding taxes and debts, and then distribute the assets according to California intestate succession laws. It is important to note that, under intestate succession, all children are entitled to receive equal portions of the divided assets and property regardless of whether they are full or half-siblings. Having a will is a helpful way of avoiding confusion, but it is not guaranteed.

What Is Escheatment?

Escheatment is when the state claims ownership over the deceased’s property and assets due to a lack of apparent heirs or beneficiaries. The state of California begins the process with a dormancy period, during which assets and property remain unclaimed for a certain amount of time. Once the state claims the property, individuals may file a claim on it with the Controller’s office.

Probate Court

While probate can be a complex and emotional experience, the process can be broken down into the following:

• Validating the will (if there is one)
• Appointing an executor or administrator to manage the estate
• Ensuring that all outstanding debts and unpaid taxes are taken care of
• Overseeing the distribution of assets and property to the rightful beneficiaries

Having an experienced probate lawyer help you through the proceedings can help eliminate some complexity.

FAQs

Q: How Long Do You Have to File Probate After Death in California?

A: California does not have a strict deadline for filing a probate claim, but the sooner you start the process, the better. The probate process can be lengthy sometimes, so it is helpful to start as soon as you can. Hiring an experienced and knowledgeable Vista probate lawyer is a great first step to take, as they can guide you through the legal complexities from start to finish.

Q: What Assets Are Exempt From Probate in California?

A: Any assets owned in joint tenancy or held in trust may be exempt from the probate process. This may include retirement accounts, life insurance policies, payable-on-death accounts, trusts, and right to survivorship. These kinds of assets make accessing your inheritance a faster, smoother, and private process and may help you avoid aspects of the probate process, saving you time and money.

Q: How Much Does an Estate Have to Be to Avoid Probate in California?

A: If the deceased’s property and assets total value amounts to less than the state threshold, you will either be entitled to a simplified probate process or may be able to avoid one altogether. Beginning in April 2025, this threshold is $750,000. Assessing the total value of the estate is an invaluable step toward determining whether or not the probate process is right for you, potentially saving you time, money, and unnecessary legal complexities.

Q: Do All Wills Have to Go Through Probate in California?

A: While the probate process is a common procedure for wills, it is not always a legal necessity. If the estate value is low enough, probate can be avoided. If all of the assets are also exempt from the probate process, the will does not need to go through the process either. Having an experienced lawyer help you with this process can mean saving time and money in the future.

Hiring a Vista Probate Law Firm

If you have determined that you need to undergo the probate process, Paul V. L. Campo Attorney at Law is ready to help. There are so many benefits to having an experienced lawyer guide you through this difficult time. Contact us today to schedule a consultation.