Dying is never easy. Probate often does feel like an insult, though. Frequently the probate in California is the only way to ensure that a will is carried out and that the deceased’s property is transferred to the beneficiaries. What happens when one fails to file for probate? Let’s discuss what doesn’t make for success: not filing or avoiding probate.

Probate Not Filed in California: What Happens, Why It Matters, and How Experienced Probate Services, Like Angelique Friend Probate, Can Help You Navigate the Often Complex Process

 What Is Probate in California?

Probate is the court-supervised administration of the estate of a deceased person. Its general steps include proving the validity of the will of the deceased person-if any, identifying his assets, paying debts, and distributing the remaining property to the proper beneficiaries.

California probate can drag on for several years and cost hundreds of thousands of dollars, but all this is done to ensure that the transfer of property is in an orderly fashion, protecting creditors’ rights as well as the interests of the beneficiaries.

 When Do You Need Probate in California?

Probate often applies in California when the estate of a decedent has assets exceeding $184,500 in value (as of 2022) or involves real estate. Some types of assets, however, are exempt from probate, such as joint tenancy property, or property with named beneficiaries-life insurance or retirement accounts-pass automatically to their intended recipients without touching the probate process.

 Assets That Don’t Go Through Probate

Some assets are probate-free and pass directly to the owners’ beneficiaries, bypassing the probate process. These include:

– Joint Tenancy Assets: These automatically pass to the surviving owner(s).

– Trusts: Assets conveyed to a trust during life bypass probate.

– Payable-on-Death (POD) Accounts: Directly pass to the beneficiary named on the account.

– Community Property with Right of Survivorship: Passes to the surviving spouse.

Even if not all of your assets require probate, it is still best to engage an estate attorney who would make sure that all the legal formalities are fulfilled.

 What Happens if You Do Not File a Probate?

 Failure to file probate can land you in some serious trouble legally, financially, and personally. Learn what you might be facing below:

  1. Legal Consequences

Title Issues: Without probate, real estate or other titled assets may be frozen in the decedent’s name. In extreme cases, this can render it impossible for the heirs to sell, refinance, or even transfer property until probate is instituted.

– Claims of Creditors: Creditors must be paid from the estate before beneficiaries receive their inheritance. If probate is not filed, creditors can file lawsuits over what is owed to them. This can create protracted legal issues.

– Punitive Penalties in Court: In some cases, not filing probate may result in some sort of court penalty. This is generally true in a scenario where there is intentional avoidance of the process.


– Family Conflicts: Since assets are distributed without probate, the interested family members may dispute on the asset distribution and end up in court.

  1. Financial Implications

– Accumulation of Arrears: The estate could suffer penalties or debts where property taxes, mortgages, or other ongoing financial liabilities have not been serviced during the probate process.

– Loss of Assets: Probate administration can result in the foreclosure or seizure of subject assets due to unpaid debts; otherwise, when such debts are left unpaid, for the simple reason of a lack of probate administration.

– Tax Penalties: A failure to address estate taxes might lead to tax penalties imposed on the estate. This would mean taking even more from the remaining amount of assets intended for the beneficiaries.

  1. Loss of Legal Protection

– Probate provides a formal process for handling disputes, creditor claims, and asset transfers. Without it, you lose legal protection of court oversight, which makes the estate very vulnerable to claims or challenges.

  1. Delays in Asset Distribution

Heirs can experience long delays in obtaining their estate if probate hasn’t been filed. This is especially problematic when the beneficiaries depend on estate assets for financial support.

Why People Avoid Filing Probate

There are various reasons why someone may avoid or delay filing probate, but these motivations have unintended consequences:

– Fear of Attorney’s Fees and Court Costs Probate in California can be grossly expensive. The costs of attorney’s fees and court costs frighten some people from using this process, in hopes of not going through a siphon on their estate. Sometimes, a legal matter does come up though.

– Emotional Considerations Probate can also cause emotional stress because a family member has died. Often people file forms with delay, feeling overwhelmed by the process.

Lack of Knowledge-Many people do not have a clue that they need probate, or when it even needs to be filed in the first place.

It does not matter why you don’t file. Now, it may create a lot of problems down the road and knowing how to proceed is very important.

 FAQs About Probate in California

  1. Will I avoid probate if there is a will?

Having a will does not prevent probate. A will merely directs how the deceased’s property should be dispersed, but probate is frequently necessary to execute those directions.

  1. What happens if there is no will? 

If someone lacks a will, then their estate is distributed through intestate succession, and California law determines who should inherit their property; most commonly close relatives like a spouse or children.

  1. How long does probate take in California?

Probate in California takes anywhere from 9 to 18 months, depending on whether the estate is complex or simple. If there are disputes or challenges, then it takes longer.

  1. Can I handle probate without a lawyer?

Probate can be done without a lawyer, especially for small and simple estates. But for large and intricate estates, it is not advisable without the assistance of a probate attorney or professional service such as Angelique Friend Probate to avoid costly mistakes and legal issues.

  1. How much does probate cost in California?

Probate costs vary, but there are all those hidden costs of the court, the attorney, and the executor fees. In California, attorney fees are by a percentage of the amount of the estate, so the larger the estate, the pricier.

The process of filing probate in California may seem pretty complex, and it quite often goes unchallenged because an entire set of legal and financial consequences hangs over the head of anyone who fails to file. From frozen assets to family disputes, ending up in probate only delays the day of reckoning further as things get messier and messier.

To make the process less painful, a probate professional like Angelique Friend Probate can help ensure that your estate is settled without too much stress on you and your loved ones. If you do not know whether you need probate or just some help with the probate process, call Angelique Friend.