These two questions are the most asked when families are facing probate.
Is probate required in California ? First, What is Probate ?
What is probate ? Probate means that there is a court case that deals with: Deciding if a will exists and is valid; Figuring out who are the decedent’s heirs or beneficiaries; Figuring out how much the decedent’s property is worth; Taking care of the decedent’s financial responsibilities; and of course taxes. Also we answer the two questions are the most asked when a family has to go through probate. Is probate required in California ? How to avoid probate in California ?
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No probate is not required in California if any of the following apply
Probate is not required if
1.If a particular asset that asset goes to the beneficiary or beneficiaries, If a particular asset (like a life insurance, retirement plan(s), or a bank account(s) already has a named beneficiary, if there are more than one) without going to court.
2.Joint tenancy , a house is owned by two or more people , the other owners have the right of survivorship. Example would be Husband and Wife, which means when one dies the other inherits the entire property in their name.
3.Real estate sometimes can be transferred without court with a transfer-on-death deed (also called a beneficiary deed).
4. Living trusts property in a trust can be transferred without going to court. Recommended but needs to be done prior to death.
The answer to whether or not your family needs to go through probate is a legal one that is is complicated. We suggest you reach out to an attorney who can do a free consultation to assess if probate is required in California. We have a couple attorneys that deal in probate and give free consultations . Let us know and we will send you the referral .
The purpose of probate
If a will exists and deciding if it is valid;
Hierarchy of heirs or beneficiaries
Figuring out how much the decedent’s property is worth;
Taking care of financial responsibilities
Transferring the decedent’s property to the heirs or beneficiaries.
Download free probate report
In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all under the supervision of the court. The entire case can take between 9 months to 1 ½ years, maybe even longer.