How to Avoid Probate in California

What Is Probate?

Probate is the court-supervised process for transferring the property of someone who has died. In California it typically takes a year or longer, the filings are public, and your family cannot freely sell or distribute assets until the court allows it.

How Much Does Probate Cost in California?

California sets attorney and executor fees by statute as a percentage of the estate’s gross value, which means the value before subtracting any mortgage (Probate Code sections 10800 and 10810). Each is calculated as:

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9 million
• 0.5% of the next $15 million

For a home worth $750,000, that is $18,000 for the attorney and another $18,000 for the executor, or $36,000 total, even if there is a large mortgage. Court costs, appraisal fees and any extraordinary fees are on top of that.

Ways to Avoid Probate

• Revocable living trust. Assets titled in the trust pass to your beneficiaries under the trustee’s control, without court involvement.
• Beneficiary designations. Retirement accounts and life insurance go directly to named beneficiaries.
• Payable-on-death and transfer-on-death registrations on bank and brokerage accounts.
• Joint ownership with right of survivorship, which works in some situations but can create tax and control problems.
• Small estate procedures, which are available only when the estate falls below a threshold set by law.

For most California homeowners, a living trust is the most complete solution because it also covers incapacity, minor children and assets you acquire later. See how our living trust plans work.

The Most Common Mistake: An Unfunded Trust

A trust only avoids probate for assets that are actually titled in its name. Many families sign a trust and never transfer the house or accounts into it. Our plans include a trust transfer deed for your California home and step-by-step funding instructions. If an asset was left out, a court petition known as a Heggstad petition may help, but it is far better to fund the trust correctly from the start.

Frequently Asked Questions

Does a will avoid probate in California?

No. A will tells the court who should receive your property, but assets passing under a will generally still go through probate unless the estate qualifies for a small estate procedure.

How long does probate take in California?

Commonly a year or more, and longer if there are disputes, real estate sales or tax issues.

Is a living trust expensive?

Our trust-based plans are $3,500 for an individual and $4,500 for a couple, typically a fraction of the statutory probate fees on a California home.

Can I avoid probate if I already have a trust?

Yes, if the trust is properly funded. We can review an existing trust and help transfer any assets that were left out.