If you’ve heard anything about the California probate process, you probably know that most people want to avoid it. And for good reason! The probate process can be expensive, time-consuming, and stressful for your surviving spouse and other loved ones. 

But what exactly is the probate process, probate assets, probate court, and how can you take steps to bypass it? 

What Is Probate?

The probate process is the legal process of administering a deceased person’s estate property (which becomes known as a “probate estate”). Under California law, the probate process involves verifying the validity of a will (if one exists), settling debts, and distributing probate assets to beneficiaries, which is done through a probate petition. While it may sound straightforward, probate in California is notoriously complex.

Why Do People Want to Avoid Probate?

  • It’s expensive – Probate court fees and probate attorney fees can add up quickly. Attorney and executor fees are based on the value of your estate, not just the assets left after debts are paid. So, even if you have a mortgage or other debts, fees are still calculated based on the gross value of the estate. Large estates may be subject to federal estate tax on the transfer of the decedent’s assets, but there is a high exemption threshold (~13 million per individual) and most people do not need to worry.
  • It takes time – Even a simple probate case can take anywhere from 9 to 18 months to complete through the superior court. If there are disputes or complications, it could stretch on for years.
  • It’s public – Probate court filings are public records, meaning anyone can see the details of your estate, including assets and who is inheriting them. If privacy is important to you, probate is not ideal.
  • It can be stressful for your loved ones – Your surviving spouse and heirs may be stuck waiting for months (or longer) before they can access their inheritance. If they’re depending on those funds to pay bills or cover expenses, probate can create unnecessary financial strain.

At Best Coast Estate Law, our estate lawyer can help Californians avoid probate court.

Does Having a Trust Avoid Probate Court?

One of the most effective ways to bypass California probate in the superior court is by creating a revocable living trust. A trust allows you to transfer ownership of your assets to the trust while you’re still alive. You retain control of everything, but upon your passing, your designated trustee can distribute assets directly to your beneficiaries without court involvement.

What are the Benefits of a Trust?

  • Avoiding California probate entirely – Assets held in a properly funded trust do not go through probate, which can save your family time and money.
  • Privacy – Since trusts do not go through the probate court system, your estate details remain private.
  • Faster distribution – Your beneficiaries can receive their inheritance much more quickly compared to a probate case.
  • Greater control – You can specify exactly how and when your assets should be distributed. For example, if you don’t want a young adult beneficiary receiving a lump sum immediately, you can set conditions on their inheritance.

Joint Ownership and Beneficiary Designations

If you jointly own property or assets with someone, those assets can directly pass onto the co-owner after you dreath. This is another way to avoid California probate.

  • Joint Tenancy with Right of Survivorship – If you own property jointly with someone else (such as a spouse), the property automatically passes to the surviving owner without probate.
  • Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts – Many financial accounts, including bank accounts and investment accounts, allow you to name a beneficiary. Upon your passing, the funds go directly to the named individual without probate.
  • Beneficiary Designations on Retirement Accounts and Life Insurance – Assets like IRAs, 401(k)s, and life insurance policies allow you to designate beneficiaries. This ensures a direct transfer of funds without probate involvement.

Real-Life Examples of Avoiding California Probate

Example 1: The Trust Solution Sarah, a California resident, owns a home worth $900,000 and has investment accounts totaling $200,000. Instead of having her estate go through probate court, she creates a revocable living trust and transfers ownership of her home and accounts into it. When Sarah passes away, her designated successor trustee can immediately distribute her estate’s assets to her children without court involvement. If she hadn’t used a trust, her estate would have gone through probate, potentially costing her heirs tens of thousands of dollars in legal and court fees to regain control or Sarah’s assets.

Example 2: Joint Ownership & Beneficiaries Mark and Lisa own their home as joint tenants with the right of survivorship. When Mark passes away, Lisa automatically becomes the sole owner without any need for probate. Mark also had a savings account with a payable-on-death designation to his son. Because of this, his son was able to access the funds quickly without any court proceedings.

Estate Attorney in California Can Help You Avoid Probate

Avoiding California probate court is completely possible with the right planning. By creating a revocable living trust, ensuring your accounts have proper beneficiary designations, and considering joint ownership options, you can spare your loved ones the hassle of probate and provide them with a smooth transition of assets.

At Best Coast Estate Law, P.C., our trust attorney specializes in helping individuals and families navigate estate planning to protect their wealth and ensure their wishes are honored. If you want to explore your options for avoiding probate court in California, we’d love to help. Contact us today for a consultation and take the first step toward peace of mind.

Happy planning!