When Is Probate Required in California?
Know what triggers court
Probate vs. Non-Probate Assets
Not every asset has to pass through court. Non-probate assets transfer automatically, such as joint tenancy property, accounts with named beneficiaries, life insurance, retirement benefits, payable-on-death bank accounts, and assets titled in a living trust. Everything else that is solely owned without a beneficiary is typically a probate asset. At Jennifer Shelton, A Professional Law Corporation, we help families in Yreka, Mount Shasta, Weed, and across Siskiyou County sort assets quickly and determine whether the full probate process is required.
Thresholds and exceptions
California’s Small Estate Threshold
California allows a simplified procedure for smaller estates. If the total probate assets fall under the current small estate limit, heirs can often use a
small estate affidavit after the required waiting period rather than opening a formal case. Real property may have additional requirements and dollar caps for simplified transfers. Because thresholds can change and certain assets do not count toward the limit, it is wise to confirm totals and exclusions before proceeding. Our team can review your situation and advise whether the affidavit route applies in Siskiyou County.
Situations That Do Require Probate
- Decedent owned real estate solely in their name.
- The total probate assets exceed the small estate limit.
- There is no trust and no beneficiary designations on major accounts.
- There are disputes, unclear documents, or complex distributions.
- A will exists but assets are solely owned and require court transfer.
Court oversight ensures clear title
When probate may not be needed
Situations That May Avoid Probate
Many families discover that court is unnecessary when assets transfer by operation of law. Examples include assets held in joint tenancy, accounts with up-to-date beneficiaries, and assets titled in
living trusts. Community property passing to a surviving spouse may be eligible for a spousal property petition rather than a full case. Even when a formal proceeding is not required, there is often paperwork to record transfers and update titles. Jennifer Shelton, A Professional Law Corporation, can help you select the right path and complete the required forms.
Local Example
Bulleted list:
- A homeowner in Yreka dies owning a house solely in their name: probate is typically needed to transfer title.
- An account in Mount Shasta lists a payable-on-death beneficiary: funds usually transfer without court.
- A McCloud cabin was deeded into a living trust: trust administration occurs outside court.
- A surviving spouse in Weed holds community property with the decedent: a spousal property petition may be available.
Different assets, different paths
Questions answered
Frequently Asked Questions – When Probate Is Required
Do all estates have to go through probate in California?
No. Estates under the small estate limit or those composed of non-probate assets often transfer without opening a full probate case.
My parent had a small bank account and a car. Do we need probate?
Possibly not. If the combined probate assets are under the small estate limit, the affidavit process may work after the waiting period.
There is a house in the decedent’s name only. Is probate required?
Some form of court involvement will be necessary. Whether that is full probate, or a more expidited court process depends on the overall situation. Real property titled solely to the decedent frequently requires a probate to transfer ownership.
The house was titled in joint tenancy with me. Do we still need probate?
Typically no. Joint tenancy usually passes to the surviving joint tenant by recording the proper documents.
Can we skip probate if we don’t want to deal with it?
No one is obligated to probate a decedent's estate. However, you also cannot take possession of assets and title cannot legally pass without the proper transfer. Avoiding the process can create liability and clouded title.