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Probate is the legal process that ensures a deceased person’s assets are properly managed and distributed. It involves identifying and valuing assets, paying debts, and distributing the remaining property to beneficiaries or heirs according to the terms of a Will or state law. The process is supervised by the probate court and helps ensure that all financial obligations of the estate are met before assets are transferred to heirs.
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If there is a valid Will, the Executor named in that document manages the process. If no Will exists, the court appoints an Administrator to handle the estate, following California’s intestate succession laws to distribute assets. The Executor or Administrator has a fiduciary duty to act in the best interests of the estate and its beneficiaries.
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Although the process varies for each estate, general responsibilities include:
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- Identifying and valuing assets.
- Determining whether assets are subject to probate.
- Filing the necessary court documents.
- Notifying creditors and resolving outstanding claims.
- Paying valid debts and taxes.
- Handling legal disputes or challenges.
- Distributing the remaining assets to heirs and beneficiaries.
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Formal probate can take months or even years, as California law allows creditors time to file claims. The longer probate takes, the higher the costs, as Executors, attorneys, appraisers, and other professionals are entitled to fees. This can reduce the inheritance ultimately passed on to loved ones. Additionally, probate proceedings are public, meaning that estate details become part of the public record. Using a small estate alternative can help minimize delays, expenses, and loss of privacy.
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Yes, California allows the use of simplified probate procedures regardless of whether the deceased left a Will, provided the estate qualifies under the applicable guidelines; however, it is important to confirm that all requirements are met before proceeding because incorrect filings can result in delays during the probate of an estate.
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No, only probate assets count toward the value of the estate for the purpose of probate. Some assets pass directly to beneficiaries and do not go through probate, including:
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- Trust assets.
- Life insurance proceeds.
- Jointly owned property with rights of survivorship.
- Accounts with payable-on-death (POD) or transfer-on-death (TOD) designations.
- Certain retirement accounts.
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California provides a streamlined process for small estates if certain conditions are met:
- Automatic transfer of ownership: Not all assets are required to go through any type of probate. Before contemplating the need for an alternative to formal probate, consider if the asset is one that bypasses probate altogether. Common examples are jointly owned property if titled with rights of survivorship, life insurance proceeds, and assets held in a living trust.
- Small Estate Affidavit: If the estate value is less than $184,500 (as of 2025), you may be able to use a Small Estate Affidavit. Again, it is important to know what assets count when valuing the estate. Certain assets are excluded under the law, such as Automobiles, boats, motorhomes, camper trucks, and mobile homes as well as real property located outside of California. If formal probate has not been opened or you have the permission of the Personal Representative, you may be able to fill out a small estate affidavit and submit it to the individual or entity in possession of the asset you wish transferred. There is a 40-day waiting period following the decedent’s death before you can use a Small Estate Affidavit.
- Affidavit for Real Property of Small Value: For real estate that doesn’t exceed $61,500 in value (as of 2025) you may be eligible to file an Affidavit Re: Real Property of Small Value (commonly referred to as a Form DE-305) with the appropriate probate court and record the affidavit with the County Clerk-Recorder in the county where the real estate is located. If the affidavit is accepted, the property will be transferred without the need to wait for formal probate.
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Contact Us
If you have additional questions about alternatives to formal probate in California, contact the experienced Los Angeles estate planning attorneys at Schomer Estate & Wealth Advisors by calling (310) 337-7696 to schedule your appointment today.
