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Does Every Estate in San Diego County Go Through Probate?


No. Whether an estate has to go through probate in San Diego County depends on how the assets were titled and what they are worth, not simply on whether someone died owning property.

An estate generally avoids formal probate when the assets pass by operation of law or by a beneficiary designation. Common examples include a home held in a living trust, property held in joint tenancy with right of survivorship, accounts with a payable-on-death or transfer-on-death beneficiary, and community property that passes to a surviving spouse.

Formal probate is usually required when the decedent owned real property in their own name with no trust and no surviving co-owner, and the gross value crosses California's small-estate threshold. When it applies, the case is filed with the San Diego Superior Court probate division and a personal representative is appointed to administer the estate.

How to know which situation you are in

Pull the most recent deed for the home and read exactly how title is vested. That single document usually tells you whether a trust, a surviving joint tenant, or a solo owner is involved, which is the fastest way to know whether probate is coming.

General reference: California Probate Code and San Diego Superior Court probate procedures. This is general information, not legal advice. Confirm your situation with a probate attorney.

Have a probate property in San Diego or Riverside County?

Ron Burner, Certified Probate Real Estate Specialist (CPRES), has guided families through 50-plus probate sales. Get straight answers with no obligation.

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