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Small Estates and Avoiding Probate

What Assets Avoid Probate in California?


Many assets pass outside probate entirely, based on how they are held rather than their value. Understanding this often tells a family whether they even need a probate case.

Common non-probate assets

  • Property held in a revocable living trust, handled by the successor trustee.
  • Real estate or accounts held in joint tenancy with right of survivorship.
  • Bank and brokerage accounts with payable-on-death or transfer-on-death designations.
  • Retirement accounts and life insurance with named beneficiaries.
  • Community property passing to a surviving spouse via a spousal petition.
  • Homes with a recorded transfer-on-death deed.

What usually does require probate is real property titled solely in the decedent's name with no trust, co-owner, or beneficiary designation. Reviewing how each asset is titled is the fastest way to know what, if anything, must go through court.

General information. Not legal advice.

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