Understanding what assets must go through probate in California is vital during your estate planning process. Be sure to research an experienced attorney to help you during this time. They’ll be able to explain California’s complex laws and make sure your estate plan is legally compliant, no matter your unique needs.

Hire a Probate Lawyer to Help Draft Your Estate Plan

Clients choose Paul V. L. Campo Attorney at Law to help them with all facets of estate law. Paul has spent the last 30 years helping to give his fellow Californians peace of mind, knowing their futures are secure and their families will be cared for.

When you work with Paul, you’ll be getting the necessary and accessible legal knowledge to help you understand how to make the most of your estate plan. He understands that every individual and their familial situation is different and wants to understand the full scope of your unique needs.

California Probate Laws

Around 17% of California residents were over 65 years old in 2024, while the average age in the state that year was 38.4. Regardless of your age, estate planning is vital to protecting your assets and your loved ones after you pass away.

When people in California die, their estate will typically go through the probate process. If you have a legally valid will, you’ll likely have named a personal representative to be in charge of probate for you. This person is typically someone you trust to handle your estate.

Your personal representative will then:

• File the probate case with the proper courthouse.
• Gather all of your assets.
• Pay off any of your remaining taxes or debts with your assets.
• Distribute the remaining assets to the people or organizations named in your will.

Vista residents usually have probate cases heard at the North County Regional Center on South Melrose Drive.

What Assets Go Through Probate in California

The probate process is complex and can take a long time to complete, especially if you don’t have a legally valid will. In California, the assets that go through probate are generally any assets you own individually, not assets co-owned with rights of survivorship or assets with named beneficiaries.

For example, if you own a home with your spouse, it may automatically transfer to your spouse upon your death if it is held in joint tenancy or community property with right of survivorship. The same goes for any retirement accounts or bank accounts that allow you to name a beneficiary designation.

Assets that may go through probate can include:

• Individually-owned real estate, including vacation homes and rental properties
• Checking accounts, savings accounts, and cash
• Retirement accounts and IRAs, if you haven’t named a beneficiary for the account
• Intellectual property and copyright
• Investments and stocks
• Businesses
• Cryptocurrency
• Pets
• Collectibles, such as jewelry or artwork
• Personal belongings

How to Secure Your Assets

In 2024, 55.3% of California residents owned their homes, with the average home value at $734,700 and the average household income at $99,122. These high-value assets require careful planning with an attorney to make sure they’re handled as you wish when you die. To do this, you’ll need to create a will.

This legal document outlines how a person wants their assets and estate to be handled upon death. You can list specific beneficiaries, such as your loved ones or a charitable organization, to receive specific assets after you die.

Because of the risk involved with improper estate planning, you’ll need an attorney to help you draft your will and other estate plan documents. To be legally valid in California, your will must be typed or handwritten, signed by you in front of two witnesses, who then sign the will in front of you. A will can be challenged if it’s alleged that you may not have been mentally competent when you signed it.

FAQs

Q: How Can I Avoid Probate in California?

A: To avoid probate in California, you can create a living trust. To do so, you’ll place specific assets into a trust and name a beneficiary. Once you die, those assets will automatically transfer to the beneficiary, avoiding probate altogether. You can create a revocable living trust that allows you to modify or cancel the trust within your lifetime, or an irrevocable living trust, which cannot be canceled once created.

Q: What Happens to My Assets if I Die Without a Legally Valid Will?

A: If you die without a legally valid will, your assets will be distributed based on California’s intestate succession laws. Who gets what asset depends on your specific family situation. If you have a spouse and children, your assets will be divided among them. If you have a spouse but no children, the spouse gets everything. If you don’t have a spouse or children, your estate gets passed to your parents, siblings, and distant relatives.

Q: How Can a Probate Lawyer Help Me?

A: It’s important to hire a probate lawyer so they can help you draft a detailed and custom estate plan based on what assets must go through probate in California. You may want certain assets to go to specific loved ones at specific times, and working with an experienced attorney can help make sure your wishes are respected. Even a small mistake can invalidate your will and estate plan, making it vital to seek legal counsel.

Q: What Estates Can Avoid Probate in California?

A: Smaller-value estates can avoid the traditional probate process in California. If your loved ones have the right to inherit and the estate is valued under $208,850, they can file a small estate affidavit to request the transfer of the property, avoiding the court altogether. However, this cannot be done if there’s already a formal probate case filed for the estate.

Choose a Trusted Probate Attorney in California

Reach out to Paul V. L. Campo Attorney at Law today to schedule a confidential consultation. Our goal is to make California’s legal process as accessible as possible to our local community.