What You Need to Know About Probate Shortcuts in California
Individuals may want to avoid the hassle of going through probate court. Here’s everything you need to know about probate shortcuts in California.
California may require families and individuals to go through probate court to determine property division after a loved one’s death. Individuals may seek probate shortcuts if the decedent provided a will naming who will own all property or if the property is legally considered a small estate.
Probate in California
In California, probate determines where an individual’s property and assets go after death. The court must use the deceased individual’s will and relatives or close friends to determine the successor property owners. Most formal determinations about the estate must go through probate court.
Probate court determines:
- If the will is valid
- Management of the descendant’s finances
- The estate’s worth
- The heirs and/or beneficiaries
- Whether or not a will exists
Probate court can take over nine months to finalize the decedent’s estate division. Individuals coping with the death of a loved one may seek probate shortcuts to avoid the long process of determining ownership.
Related: California Probate: What You Need to Know
California Probate Shortcuts
California allows individuals to avoid probate court under certain circumstances. If the decedent named beneficiaries before their death, the California law might allow a simple transfer of property.
California law may appoint the decedent’s surviving spouse as the owner of all estate. If spouses jointly owned the property, the law automatically places the entire ownership on the previous co-owner of the property. If the state proves the decedent had community property, the court may grant the late spouse ownership of the decedent’s share. A surviving spouse who seeks property ownership without probate can contact the state for a simple property transfer.
Related: California Probate Fees: How Much Does It Cost?
Individuals may collect from joint bank accounts, Social Security benefits, and potential veteran benefits without going through probate court. California may allow parties to avoid probate if they have a small estate. California considers a small estate a property worth under $166,250. All individuals determining property should hire a lawyer to protect their rights and receive the correct assets.
If the decedent had a will before death, the beneficiaries and heirs might seek probate shortcuts. If the decedent died without a will, a California court might not accept probate shortcuts. An individual may automatically avoid probate if California law considers the property a small estate.
Related: How to Avoid Probate in California Estate vs Inheritance Tax
FAQs
What if the decedent and the spouse had a prenuptial agreement determining property ownership?
A California court might grant the spouse property ownership if the decedent signed a prenuptial agreement with estate clauses. A signed prenuptial agreement signed would allow the individual stated in the clause to become the new property owner by law.
Can the estate be considered a small estate if it is $200,000?
Individuals seeking a probate shortcut for a small estate may request a property transfer from the court. The court will determine the estate’s worth and whether it may avoid probate court. The court may deny a request if the estate is worth any amount over exactly $166, 250.
Do I need a lawyer to avoid probate in California?
Individuals may choose not to hire a lawyer to determine property rights. A lawyer can help protect individual ownership rights and seek alternatives to probate.
Contact Us
If you or a loved one would like to learn more about Probate Shortcuts in California, get your free consultation with one of our Probate attorneys in California today!