Yes — probate can usually be avoided in California with the right estate planning. The most reliable tool is a revocable living trust, but there are also simpler options such as joint tenancy, transfer-on-death deeds, payable-on-death accounts, and California's small estate affidavit process.

If you are reading this because a loved one has already passed and the estate is headed toward probate, the options below can still help you understand what could have been done — and what shortcuts may still be available.

What Is Probate and Why Do People Want to Avoid It?

Probate is the court-supervised process of distributing a deceased person's assets. In California it can take 9 to 18 months or longer, requires court filings, notices to heirs, and statutory fees based on the gross value of the estate.

For many families, the goal is simple: keep the home, bank accounts, and investments out of court so beneficiaries receive them faster and with less expense.

1. Revocable Living Trust

A revocable living trust is the most flexible and complete way to avoid probate in California.

  • You transfer ownership of your home and assets into the trust while you are alive.
  • You remain in control as the trustee and can change or revoke the trust at any time.
  • When you pass away, the successor trustee distributes assets according to your instructions — privately and without court involvement.
  • Trusts also help if you become incapacitated, because the successor trustee can manage assets immediately.

A trust only avoids probate for assets that are actually funded into it. A home left out of the trust may still require probate.

2. Joint Tenancy With Right of Survivorship

When property is owned in joint tenancy, the surviving owner automatically receives the deceased owner's share.

  • Common for spouses and domestic partners.
  • Works for real estate, bank accounts, and brokerage accounts.
  • The transfer happens outside of probate.

Be cautious: joint tenancy can create unintended tax consequences and may expose the property to the other joint tenant's creditors or disputes.

3. Transfer-on-Death Deed (Beneficiary Deed)

California allows a revocable transfer-on-death deed for real estate. This lets you name a beneficiary who will receive the property when you pass away.

  • The property transfers without probate.
  • You keep full ownership and can revoke the deed at any time.
  • The deed must be signed, notarized, and recorded before death.

This is a useful option for people who want a simple, low-cost alternative to a trust for their primary residence.

4. Payable-on-Death and Transfer-on-Death Accounts

Bank accounts, investment accounts, retirement accounts, and life insurance can all name direct beneficiaries.

  • Payable-on-death (POD) bank accounts pass directly to the named beneficiary.
  • Transfer-on-death (TOD) brokerage accounts work the same way.
  • Retirement accounts and life insurance pass by beneficiary designation.

Make sure beneficiary designations are current and name contingent beneficiaries in case the primary beneficiary predeceases you.

5. California Small Estate Affidavit

If an estate is already in a position where probate seems necessary, California's small estate affidavit may allow heirs to collect property without a full probate proceeding.

  • As of 2025, the threshold is $184,500 for most property.
  • Real property up to a certain value may also qualify using a simplified transfer procedure.
  • The affidavit cannot be used until 40 days after death.

This is not advance planning, but it can be a valuable shortcut for smaller estates.

When Probate Is Still Required

Probate is usually required when:

  • A person dies without a trust and owns real estate in their name alone.
  • Bank or investment accounts have no beneficiary or payable-on-death designation.
  • The estate exceeds the small estate threshold and no other probate-avoidance tool is in place.

If you are the executor, administrator, or heir of an estate that must go through probate, selling the real estate often becomes part of the process. That is where a probate real estate specialist can help.

Frequently Asked Questions

Do I need a lawyer to avoid probate?

A lawyer is not required, but a trust or deed mistake can be costly. Many people work with an estate planning attorney to set up a trust correctly.

Is a will enough to avoid probate?

No. A will still goes through probate. A will tells the court how you want assets distributed, but it does not keep assets out of court.

Can probate be avoided after someone dies?

Sometimes. If the estate qualifies for a small estate affidavit or a simplified transfer procedure, probate may be avoided even after death. Otherwise, full probate is usually required.

What happens to a house in probate in California?

The house is part of the probate estate. The court supervises its sale or transfer. A probate real estate agent can help list and sell the home if the estate requires it.

Should I put my house in a trust?

For most California homeowners who want to avoid probate, funding a home into a revocable living trust is the most reliable approach.

Need Help With Probate Real Estate?

If probate is unavoidable and a home needs to be sold, I help families in the Greater Sacramento area and across California navigate the process. Request a free consultation to discuss the estate and the next steps.