Do You Need Probate in California? How to Tell (2026)

When someone dies in California, the family's first question is often: "Do we have to go through probate?" The answer depends on what the person owned and how they owned it.

This guide explains which assets require probate in California and which pass directly to beneficiaries without court involvement.

What Probate Handles

Probate is the court process that transfers assets when someone dies without a beneficiary designation or trust arrangement. In California, probate involves:

• Filing a petition with the probate court
• Getting appointed as personal representative (executor)
• Publishing notice to creditors
• Filing an inventory with the court
• Waiting for creditor claims to expire
• Getting court approval to distribute assets
• A process that typically takes 6 to 12 months

Probate is required only for assets the decedent owned in their sole name with no named beneficiary.

Assets That Avoid Probate (Pass Directly to Beneficiaries)

The following assets do not go through probate in California:

1. Joint Bank and Investment Accounts

If the decedent owned an account jointly with another person (with right of survivorship), that account passes automatically to the surviving joint owner. The bank simply requires a death certificate to change ownership.

2. Accounts with a Named Beneficiary (Payable-on-Death / POD)

Bank accounts and investment accounts can be set up with a payable-on-death designation. Upon death, the named beneficiary collects the account directly from the financial institution. No probate court involved.

3. Life Insurance Proceeds

Life insurance policies pass to the named beneficiary, not to the probate estate. The beneficiary files a claim with the insurance company and receives payment directly. The only exception is if the policy names the estate as the beneficiary (rare).

4. Retirement Accounts

IRAs, 401(k)s, and similar retirement accounts have named beneficiaries. These accounts pass directly to the beneficiary. The estate generally has no claim to them.

5. Assets in a Revocable Living Trust

If the decedent held assets in a revocable living trust, those assets don't go through probate. The successor trustee simply transfers them according to the trust instructions. This is a common estate planning strategy to avoid probate.

6. Property Held Jointly

Real property (land or a house) held jointly with right of survivorship passes automatically to the surviving joint owner, bypassing probate.

7. Transfer-on-Death (TOD) Deeds

Some states, including California, allow TOD deeds on vehicles and other personal property. The named beneficiary receives the asset upon death without probate.

Assets That Require Probate

These assets do go through probate:

• Bank accounts and investments owned solely by the decedent (no beneficiary, not joint)
• Real property (house, land) owned solely by the decedent
• Vehicles titled in the decedent's name alone
• Business interests (unless held in a trust or partnership agreement)
• Personal property (jewelry, furniture, artwork) if the will specifies distribution
• Money owed to the decedent (debts, legal settlements)

The California Shortcut: Small Estate Affidavit

If the probate estate (the assets that require probate) totals $239,700 or less and contains no real property, California allows you to skip court and use a simple affidavit process instead. This process can be completed in a matter of weeks rather than months.

Learn more in our guide to California small estate affidavits.

Quick Test: Do You Need Probate?

1. List all assets the decedent owned
2. Remove any with a named beneficiary or joint owner
3. Remove any held in a trust
4. Add up what remains
5. If the remaining total is $239,700 or less and includes no real property, small estate affidavit likely applies
6. If any real property is solely owned, or if the total exceeds $239,700, full probate is probably necessary

Unsure? Use Our Eligibility Checker

Our free small estate eligibility checker will tell you in seconds whether your California estate qualifies for the streamlined route. Check eligibility

---

Disclaimer: ExecutorBench provides self-help workflow software and document preparation support. It is not a law firm and does not provide legal advice. For specific questions about your California estate and probate requirements, consult an attorney licensed in California.