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What Is Probate Court – and How Do I Avoid It?

If you’ve ever handled a loved one’s estate, you’ve likely heard about Probate Court —and usually with a negative association. At Herbert Law Office, we guide clients through estate planning that helps avoid this time-consuming, expensive, and stressful process.

 

What Is Probate?

Probate is the legal process through which a deceased person’s estate is administered. In California, this means the Court oversees the validation of a will (if there is one) and confirms the Executor, who collects assets, settles debts, and distributes the remaining balance to the heirs. If there is no Will, assets are distributed according to California’s intestate succession laws, regardless of your wishes or the unique needs of your heirs.

In California—where statutory attorney and executor fees are based on the gross value of the estate, not the net—Probate can be especially expensive. With crowded court dockets and unexpected delays, the process can take several years to complete. On top of that, everything filed in Probate Court becomes part of the public record, meaning your financial affairs are no longer private.

 

How to Avoid Probate in California

Fortunately, there are several ways to keep your estate out of probate:

• Create a Living Trust

  A revocable living trust is one of the most effective tools for avoiding probate. Assets held in a trust, such as your house and bank accounts, pass directly to your beneficiaries without court involvement, saving time, money and stress for your loved ones.

• Use Beneficiary Designations
  

  Assets like life insurance, retirement accounts, and some bank accounts allow you to name a beneficiary. These transfer directly upon death and bypass probate.

• Hold Property Jointly
  

  Property owned in joint tenancy or as community property with right of survivorship passes automatically to the surviving owner, outside of Court. However, there may be tax consequences when title to real property (such as your house) is transferred to a non-spouse (such as children).

• Small Estate Affidavit (for Estates Under $184,500)
  

  In California, if the total value of the estate is under $184,500 and there is no real property, it may qualify for a simplified probate alternative using a small estate affidavit.

 

Why Plan Ahead?

Proper estate planning saves your family time, stress, and expense. At Herbert Law Office, we help you create a plan that protects your loved ones and ensures your wishes are honored—without the need for Probate Court.

Want to avoid probate and preserve your privacy and legacy? We’re here to help. Call us today at (661) 273-9007 to schedule your FREE consultation.