How Do I Know If Probate Is Required in California?

Probate is typically required when three things are true: the person owned assets in their own name alone, those assets were not covered by a trust or a beneficiary designation, and the total value exceeds California's small-estate limit.

Real property is the usual trigger. A house held solely in the decedent's name, with no living trust and no surviving joint tenant, almost always needs a court-supervised probate before it can be sold or transferred.

What usually avoids probate

• A home titled in a revocable living trust, handled by the successor trustee.
• Property held in joint tenancy, which passes to the surviving owner.
• Accounts with named beneficiaries or payable-on-death instructions.
• Small estates that qualify for California's simplified transfer procedures.

If you are unsure, the deed and a short list of the decedent's assets are enough for an experienced probate agent or attorney to tell you quickly whether a filing is needed.

General information based on California Probate Code. Not legal advice. Verify with a licensed attorney.