Sorting out which assets pass through probate in California can feel confusing, especially while your family is trying to keep daily life on track. At Vistas Law Group, we have over 300 years of combined experience in estates, trusts, and probate across California courts. Our goal here is simple: give you a clear, practical overview of what typically goes through probate and what often transfers outside of court. This article is for general education, not legal advice.
A Brief Overview of Probate in California
Probate is the court process of settling a person’s estate. The court confirms the will if there is one, names a personal representative, identifies heirs, pays valid debts, then distributes what is left under the law. A case can be opened with or without a will.
In California, full probate is generally triggered when the estate exceeds a dollar threshold set by statute. Smaller estates can often use simplified procedures that do not require full court supervision. From start to finish, a standard probate commonly takes nine months to two years, and complicated estates can take longer.
Assets Typically Subject to Probate in California
As a starting point, anything owned solely in the decedent’s name, with no beneficiary or co-owner, is usually part of the probate estate. Title and beneficiary designations matter a lot here.
- Real estate owned individually.
- Personal property, such as furniture, vehicles, jewelry, and art.
- Bank accounts held solely in the decedent’s name.
- Stocks and bonds owned individually.
- Life insurance proceeds if no beneficiary is named, or if the estate is the beneficiary.
- Intellectual property, including royalties and licensing income.
The probate court will gather, value, and then distribute these assets after debts, taxes, and costs are handled. Proper valuation and recordkeeping help keep the process on track.
Assets That May Bypass Probate
Some assets transfer directly to a named person or surviving co-owner. These non-probate transfers are often faster, less expensive, and private compared to a full court file.
- Assets Held in a Trust: Property titled in a revocable living trust is distributed by the successor trustee under the trust’s terms, without probate.
- Jointly Owned Property: Assets held in joint tenancy with right of survivorship pass to the surviving owner by operation of law.
- Retirement Accounts: 401(k)s, IRAs, and similar plans with a valid beneficiary designation transfer directly to the named person.
- Payable-on-Death Accounts: Bank and certain brokerage accounts with POD or TOD designations pass to the named payees.
- Life Insurance Policies: Proceeds with a living, named beneficiary usually pay out outside probate.
- Community Property with Right of Survivorship: Spouses can hold community property with a survivorship feature that transfers the asset to the survivor.
Beneficiary designations need periodic review, especially after life changes like marriage, divorce, births, or deaths. Small updates now can prevent costly detours later.
Simplified Procedures for Small Estates
California law allows “summary succession” routes for smaller estates. These procedures use streamlined affidavits and petitions that reduce court time and cost compared to full probate.
As of April 1, 2025, estates with a total value of $208,850 or less can qualify for the personal property affidavit procedure under Probate Code sections 13100 and 13101. For real property, sections 13150 through 13157 allow a petition when the decedent’s main home in California is valued at $750,000 or less. These amounts are set by statute and are not static over long periods.
| Procedure | Probate Code | Property Type | Limit | Notes |
| Personal Property Affidavit | Sections 13100, 13101 | Personal property | $208,850 total estate value | Used to collect personal property without full probate. |
| Real Property Petition for Main Home | Sections 13150–13157 | Real property | $750,000 value cap | Applies only to the decedent’s main home in California. |
Under Probate Code section 890, the Judicial Council adjusts these limits every three years to account for inflation. The next scheduled update is April 1, 2028. Even with simplified procedures, timing rules, notices, and accurate valuations still apply.
The Role of Estate Planning in Avoiding Probate
Good planning can shrink what goes through probate, speed up transfers, and keep family affairs private. Small steps taken now reduce cost and stress for your future beneficiaries.
Helpful strategies include the following, and a mix often works best for many families:
- Creating a living trust and retitling assets into the trust’s name.
- Designating primary and alternate beneficiaries for retirement accounts and life insurance policies.
- Using payable-on-death designations for bank and certain investment accounts.
- Owning property in joint tenancy with right of survivorship where it fits your plan.
Estate plans work best when they match your goals, your tax picture, and your family dynamics. We help clients line up titles, beneficiaries, and trust terms so the plan actually works in real life.
Facing Probate in California? Contact Vistas Law Group for Assistance
Probate can feel like a lot, yet you do not have to handle it alone. With 300+ years of combined experience, Vistas Law Group guides families through probate, trust administration, and related disputes with steady, practical counsel.
For questions or to get started, call 951-307-9154 for our Inland Empire office or 213-745-8747 for our Los Angeles office. You can also reach us through our website. We welcome your questions, and we work hard to protect your interests and deliver strong results that stand up over time.