When Is Probate Required in California?

After a loved one passes away, one of the first legal questions their family often asks is: "Do we need to go through probate?" In California, the answer depends on a number of factors, including the type of assets, their value, and how those assets are titled.

Understanding when probate is required can help you avoid unnecessary delays, expenses, and confusion. Here’s a comprehensive overview.

What Is Probate?

Probate is the court-supervised legal process of:

• Validating a will (if there is one),

• Appointing a personal representative (executor or administrator),

• Paying debts and taxes, and

• Distributing the remaining assets to heirs or beneficiaries.

When Is Probate Required in California?

Probate is generally required in California when:

1. The Deceased Owned Solely Titled Assets

If the decedent owned property in their name only, and the assets were not held in a trust, jointly owned, or designated to transfer upon death, probate is likely required.

Examples:

• A house titled solely in the decedent’s name

• A bank account without a payable-on-death (POD) designation

• Investment accounts without a beneficiary

2. The Total Value of the Estate Exceeds $208,850

As of now, if the gross value of the decedent’s personal and real property exceeds $208,850, the estate must go through formal probate, with a few exceptions.

Update: Prior to April 1, 2025, under Assembly Bill 2016 (AB 2016), these thresholds were significantly less ($166,250 prior to April 1, 2022 and $184,500 from April 1, 2022 to April 1, 2025).

3. There Is No Valid Trust in Place

If the deceased did not create a revocable living trust to hold their assets, the estate will generally require probate—even if a will exists. A will alone does not avoid probate in California.

4. There Are Disputes Over the Will or Estate If:

• The will is contested,

• There is no will (intestacy),

• Disputes arise between heirs or creditors,

Then the probate court must intervene to resolve the matters and oversee administration.

5. The Estate Includes Real Property Not Titled in a Trust or Joint Ownership

Real estate (even if it's a single parcel) that was titled solely in the name of the decedent and valued over the small estate threshold typically triggers probate.

When Is Probate NOT Required?

Probate is generally not required if:

• The deceased’s assets were held in a revocable living trust

• The estate is valued under the $208,850 small estate limit

• Assets are jointly owned with right of survivorship

• Accounts are designated as payable-on-death (POD) or transfer-on-death (TOD)

• A Transfer-on-Death Deed was used for real estate

• Retirement accounts and life insurance policies have named beneficiaries

Special Cases

Real Property Valued Under the Limit:

If the only asset is real estate worth less than $69,625, you may be able to use the simplified Succession to Real Property procedure (Probate Code §13151).

Vehicles and Bank Accounts:

Vehicles can often be transferred using DMV Form REG 5. Bank accounts may be transferred using the Small Estate Affidavit (Probate Code §13100) after 40 days.

Final Thoughts

In California, probate is not always required, but when it is, the process can be time-consuming and expensive. Knowing when probate is triggered helps families plan effectively and avoid surprises.

If you're unsure whether probate is necessary for a loved one’s estate, it's wise to consult with a California probate attorney who can evaluate the estate and guide you through the correct legal process.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.