In California, having a will alone does not avoid probate. This is a common misconception.
Here’s what you need to know:
What a Will Does:
- A will lets you name who should inherit your assets and who will serve as executor.
- It helps the court follow your wishes during probate.
What a Will Doesn’t Do:
- A will does not avoid probate.
- In fact, it guarantees probate if you own assets titled solely in your name and the total value exceeds $208,850 in 2025.
So How Do You Avoid Probate in California?
To avoid probate, your estate plan should include tools like:
- Revocable Living Trust: Lets your assets be managed and transferred privately without court.
- You stay in control while alive, and your successor trustee takes over if you die or become incapacitated.
- Beneficiary Designations
- Use “Pay-on-Death” (POD) or “Transfer-on-Death” (TOD) designations for bank accounts, retirement accounts, and some investment accounts.
- Joint Ownership with Right of Survivorship
- Property held this way passes directly to the surviving co-owner—but this has risks (like loss of control or exposing assets to others’ liabilities).
- Small Estate Affidavit
- If your estate is under $208,850 in 2025, your heirs might avoid formal probate using a simplified affidavit process.
Bottom Line
If you live in California and want your inheritors to avoid probate:
- A will alone isn’t enough.
- Consider a revocable living trust and other tools as part of a comprehensive estate plan.
Call us to device a good estate plan to avoid probate court later.
