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Do all estates have to go through probate in California?

On Behalf of | Jan 24, 2023 | Estate Planning

The last thing you want to worry about when a loved one passes away is handling the legal responsibilities of managing their estate. Unfortunately, a probate application is one of the administrative tasks that need to be done. It’s the only way you are able to distribute their possessions to the intended beneficiaries named in the will.

Is this the only way or is there a simpler option? Many people wonder if probate can be avoided in the state of California.

In general, probate is required to carry out a will’s instructions

Probate is usually needed when your loved one has assets and has written a will specifying where they want those assets to go. This is the only option in completing the required legal procedures and guaranteeing beneficiaries receive their inheritance.

Additionally, it has a purpose. The executors are guided through a process they may not be familiar with by the court’s oversight and intervention, which ensures the process is carried out correctly.

When is probate not necessary?

Smaller estates in California can avoid the need for probate. It may not be required at all, or the procedures are significantly simpler if a person’s estate is worth less than $166,250.

A living revocable trust is another technique to avoid probate in California. This indicates that all of the deceased’s assets will pass to their designated beneficiaries upon their death without going through the probate process.

When a loved one has suddenly passed away and the probate administration process is about to begin, it can all seem quite stressful. It can be a little bit easier if you reach out for some help.