This article is provided for general informational purposes only and does not constitute legal, financial, or tax advice.
Reading this content does not create an attorney-client or professional advisory relationship.
Laws vary by jurisdiction and are subject to change. You should consult a qualified professional regarding your specific circumstances.
Jason came to my office absolutely devastated. His mother had passed away unexpectedly, and while she had a trust, he discovered a significant oversight: her brokerage account, containing over $150,000, hadn’t been formally transferred into the trust’s name. He feared losing a substantial portion of that inheritance to the expensive and time-consuming probate process. Thankfully, we were able to utilize a Heggstad Petition to correct the title, but the emotional toll – and the legal fees – could have been entirely avoided with proper planning. This is a common scenario, and understanding which assets bypass probate is crucial for effective estate planning.
What happens to my assets if I die without a will or trust in California?
If you die intestate (without a valid will or trust) in California, your assets will be distributed according to California’s laws of intestate succession. This means the state dictates who receives your property, not you. Even with a will, certain assets will still bypass the probate process altogether. Probate is the court-supervised process of validating a will, paying debts, and distributing assets. It can be costly, time-consuming, and a matter of public record. As an Estate Planning Attorney and CPA with over 35 years of experience, I’ve seen firsthand how careful planning can shield families from this burden. My CPA background allows me to uniquely address the tax implications of asset transfers, particularly the important concept of “step-up in basis” which can significantly reduce capital gains taxes for your heirs.
Are all of my assets subject to probate?
No, many assets are designed to pass directly to your beneficiaries, avoiding probate. This is the foundation of effective estate planning.
- Strong>Jointly Held Property: Assets held in joint tenancy with right of survivorship automatically pass to the surviving joint tenant. This is common for bank accounts, real estate, and vehicles.
- Strong>Assets with Beneficiary Designations: Accounts like 401(k)s, IRAs, and life insurance policies pass directly to the named beneficiaries, bypassing probate.
- Strong>Community Property: Property held as community property with a surviving spouse automatically passes to them, regardless of the estate’s value via the Spousal Property Petition (Probate Code § 13650).
- Strong>Trusts: Assets held within a properly funded revocable living trust avoid probate. This is the primary goal for many of my clients.
What about smaller estates? Is probate always necessary?
For smaller estates, California offers simplified procedures to avoid full probate. For deaths occurring on or after April 1, 2025, the gross value threshold for using a Small Estate Affidavit (Probate Code § 13100) has increased to $208,850. This procedure allows successors to collect personal property without court involvement. However, this total MUST NOT include assets held in joint tenancy, trust, or those with named beneficiaries, but MUST include the value of any real property unless that property is handled via a separate summary procedure.
Can I avoid probate for my primary residence?
Yes, there are two primary methods. Under AB 2016 (Probate Code § 13151), a primary residence valued up to $750,000 qualifies for a ‘Petition for Succession’ rather than full probate administration. This is a court-filed Petition requiring a hearing and a Judge’s Order, though it is significantly faster than full probate. Alternatively, you can use the Affidavit for Real Property of Small Value. It’s important to note that these are distinct processes, and the correct one depends on the property’s value and your specific circumstances.
What if I own vacant land or a timeshare?
The Affidavit for Real Property of Small Value (Probate Code § 13200) can be used for real property interests valued at less than $69,625 (the 2025/2026 adjusted limit). Successors can file an affidavit with the Court Clerk and record a certified copy with the County Recorder, completely bypassing the need for a hearing.
What if I made a mistake and forgot to transfer an asset into my trust?
It happens! Many clients come to me with this “Oops” factor. If a decedent intended an asset to be in their trust (e.g., listed on Schedule A) but failed to retitle it, a Section 850 Petition (Probate Code § 850) can obtain a court order confirming the asset as trust property. This ‘cures’ the title defect and avoids a full probate estate for that single asset. It’s a relatively simple procedure, but addressing it proactively during estate planning is always best.
How do enforcement rules in California probate court shape outcomes for heirs and fiduciaries?
The path through California probate is rarely a straight line; it requires precise adherence to statutory deadlines, accurate asset characterization, and strict fiduciary compliance. Without a clear roadmap, what begins as a standard administrative proceeding can quickly dissolve into a costly battle over interpretation, valuation, and beneficiary rights.
To manage the estate’s value, separate property types by learning probate assets, confirm exclusions through assets that bypass probate, and support valuation steps with inventory and appraisal to reduce disagreements about what is in the estate.
California probate is most manageable when authority is documented early, assets are classified correctly, and procedure is followed consistently from petition through closing. When the process is approached with realistic expectations about notice, claims, accounting, and dispute risk, the estate is more likely to move toward closure without avoidable conflict or delay.
Verified Authority on California Probate Alternatives
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Personal Property Affidavit ($208,850 Limit): California Probate Code § 13100 (Small Estate Affidavit)
For deaths on or after April 1, 2025, the gross value threshold for using a Small Estate Affidavit has increased to $208,850. This procedure allows successors to collect cash, stocks, and personal items without court involvement. Warning: This total MUST NOT include assets held in joint tenancy, trust, or those with named beneficiaries (POD/TOD), but MUST include the value of real property unless handled via a separate summary procedure. -
Primary Residence Succession (AB 2016): California Probate Code § 13151 (Petition for Succession)
You must distinguish between the Affidavit for Real Property of Small Value (strictly for property <$69,625) and AB 2016. Under AB 2016, a primary residence valued up to $750,000 qualifies for a ‘Petition for Succession’ rather than full probate. This is a court-filed Petition requiring a Judge’s Order, though it is significantly faster than full administration. -
Spousal Property Petition (Unlimited): California Probate Code § 13650 (Spousal Transfers)
This powerful alternative allows for the transfer of unlimited assets to a surviving spouse or domestic partner without full probate administration, regardless of the estate’s value. It is strictly for assets passing to a spouse and requires the property be characterized as community property or quasi-community property. -
Trust Assets & The “Heggstad” Petition: California Probate Code § 850 (Heggstad Petition)
If a decedent intended an asset to be in their trust (e.g., listed on Schedule A) but failed to retitle it (the “Oops” factor), a Section 850 Petition can obtain a court order confirming the asset as trust property. This “cures” the title defect and avoids opening a full probate estate for that single asset. -
Vacant Land & Timeshares: California Probate Code § 13200 (Real Property of Small Value)
For real property interests valued at less than $69,625 (the 2025/2026 adjusted limit), successors can file an Affidavit for Real Property of Small Value with the Court Clerk and record a certified copy with the County Recorder. This completely bypasses the need for a hearing or judge’s order. -
Vehicle & Vessel Transfers (DMV): DMV Form REG 5 (Affidavit for Transfer Without Probate)
Vehicles and vessels may be transferred outside of probate using the Affidavit for Transfer Without Probate (REG 5). Critically, the value of the vehicle is excluded from the $208,850 small estate calculation, meaning a high-value car does not disqualify an estate from using summary procedures. -
Digital Asset Access (RUFADAA): California Probate Code § 870 (RUFADAA)
Even in summary administration, digital assets can be locked. Without specific RUFADAA language (Probate Code § 870) in your Will or Trust, service providers like Coinbase and Google can legally deny successors access to digital wallets and accounts, forcing a full probate just to retrieve them.
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Attorney Advertising, Legal Disclosure & Authorship
ATTORNEY ADVERTISING.
This content is provided for general informational and educational purposes only and does not constitute legal, financial, or tax advice. Under the California Rules of Professional Conduct and State Bar advertising regulations, this material may be considered attorney advertising. Reading this content does not create an attorney-client relationship or any professional advisory relationship. Laws vary by jurisdiction and are subject to change, including recent 2026 developments under California’s AB 2016 and evolving federal estate and reporting requirements. You should consult a qualified attorney or advisor regarding your specific circumstances before taking action.
Responsible Attorney:
Steven F. Bliss, California Attorney (Bar No. 147856).
Local Office:
Moreno Valley Probate Law23328 Olive Wood Plaza Dr suite h Moreno Valley, CA 92553 (951) 363-4949
Moreno Valley Probate Law is a practice location and trade name used by Steven F. Bliss, Esq., a California-licensed attorney.
About the Author & Legal Review Process
This article was researched and drafted by the Legal Editorial Team of the Law Firm of Steven F. Bliss, Esq.,
a collective of attorneys, legal writers, and paralegals dedicated to translating complex legal concepts into clear, accurate guidance.
Legal Review:
This content was reviewed and approved by Steven F. Bliss, a California-licensed attorney (Bar No. 147856). Mr. Bliss concentrates his practice in estate planning and estate administration, advising clients on proactive planning strategies and representing fiduciaries in probate and trust administration proceedings when formal court involvement becomes necessary.
With more than 35 years of experience in California estate planning and estate administration,
Mr. Bliss focuses on structuring enforceable estate plans, guiding fiduciaries through court-supervised proceedings, resolving creditor and notice issues, and coordinating asset management to support compliant, timely distributions and reduce fiduciary risk. |
