When a loved one dies in California, one of the hot questions their survivors may be asking themselves is whether the estate must go through probate. Probate is rather a troublesome and time-consuming process, so it’s necessary to know when an estate has to go through it. In this blog, learn about the requirements of California for probate and understand how Angelique Friend Probate can lead you through what is often an overwhelming process.

What is Probate?

The term probate actually refers to a court procedure that follows the death of an individual. It specifically entails the process of proving the will of the deceased, if any, and the distribution of the estate if the decedent died testate or intestate. In this respect, the probate process would ensure that all debts are paid and remaining assets transferred to rightful heirs or beneficiaries.

When is Probate Necessary in California?

Not every estate in California requires probate. Here are some possible conditions when a probate may be required:

  1. More Than $184,500: The estate must be probated if the gross value of the decedent’s property is more than $184,500 for the year 2024, unless such an estate can qualify for a simpler, more summarized procedure.

  2. Lack of Beneficiary Designations: The decedent’s failure to designate beneficiaries regarding life insurance policies, retirement accounts, or bank accounts may mean these assets must pass through probate.

  3. Lack of Living Trust: When a person dies without a living trust-a type of instrument that allows property to bypass probate and go directly to the intended beneficiaries-the estate may need to go into probate.

  4. Contested Wills: When the will is contested or there are contesting claims against the estate, then probate is usually necessary in order to sort these problems out.


When Is It Possible to Avoid Probate?


Probate can sometimes be avoided, or kept as painless as possible:

  1. Small Estates: If the estate is less than $184,500, there is a simplified process, often called a “small estate affidavit,” by which assets can be transferred without formal probate.

  2. Joint Tenancy or Community Property: Assets held in joint tenancy or as community property with right of survivorship usually pass directly to the surviving co-owner without the need for probate.

  3. Living Trusts: Property contained in a living trust does not go through probate because the trustee is in charge of managing and distribution.

  4. Transfer-on-Death Deeds: For real estate, a transfer-on-death deed might allow property to pass to a named beneficiary upon one’s death with no probate involved.


How Angelique Friend Probate Can Help You

Probate can be complicated and is never done at a very happy point in one’s life. Angelique Friend Probate is here to make it as seamless as possible. Here’s how we can help:

  1. Expert Guidance: Our team of probate experts will guide you through each step along the way, explaining your rights and responsibilities in simple terms.

  2. Effective Management: We will undertake all the paperwork, filing in courts, and communication with the courts so that you will not need to bother about the legal intricacies.

  3. Dispute Resolution: If some disputes arise, we try our best to resolve them as soon as possible amicably, without any prejudice to your interests and that of the estate.

  4. Compassionate Support: We appreciate the fact that this is a difficult time, and we offer support in a compassionate manner so that you may get through it with as little stress as possible.


Frequently Asked Questions About Probate in California

Q1: How long does probate take in California?
A: The time length for probate in California is generally 9 to 18 months, depending on the estate’s complexity and whether there are any disputes.

Q2: If I am the sole beneficiary, am I exempt from the probate process?
A: Even if you are the sole beneficiary, you may not be able to avoid going to probate if the estate is worth more than $184,500 or when there are no other legal arrangements, such as a living trust in place.

Q3: What happens if there is no will?
A: When there is no will, the estate is distributed according to California’s intestacy laws, and such laws grant the majority interest to the closest relatives, usually spouses and children.

Q4: Must I hire an attorney for probate?
A: Strictly speaking, one doesn’t have to involve an attorney in the process of probating an estate, yet generally speaking, it is highly recommended, especially with larger or more complex estates. This can be assisted by Angelique Friend Probate.

Q5: How does probate handle debts?
A: The estate pays its debts before the beneficiaries receive any assets. The debts will include taxes, mortgages, and other outstanding obligations in this regard.

Interesting Facts About Probate in California

Historical Roots: The roots of probate law in California date back to the Spanish colonial era when the state fell under the kingdom of Spain. While the structure has changed significantly in modern times, its origins indeed date back centuries.

Celebrity Cases: The late Prince, Aretha Franklin, and Jimi Hendrix are on the list of celebrities that died without a will. They have all died and left their massive estates to probate, which may have taken many years and lots of complexity.

Probate Fees: The fees associated with probate in California are statutory and, thus, determined by state law based upon the gross value of the estate. These fees can be very substantial. This is one major reason many people create living trusts to avoid probate.

The probate process can be a scary thing, but with the right guidance and support, it doesn’t have to be overwhelming. Here at Angelique Friend Probate, we will guide you through it, step by step, to graciously and effortlessly navigate your loved one’s estate through the process. We know exactly how to walk you through it, large or small, with no snags.