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 9 to 18 months (Judicial Council estimate for formal probate)

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

California allows a transfer-on-death deed for real property (Probate Code Section 5600 and following), and a vehicle can be titled with a transfer-on-death beneficiary (Vehicle Code Section 4150.7). In both cases 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 are different: a vehicle registered with the California DMV is excluded from the small estate calculation (Probate Code Section 13050(b)(1)) and heirs can usually transfer it with DMV form REG 5 (Vehicle Code Section 5910) if there is no other property requiring probate. An unregistered vehicle, or one registered only in another state, is not covered by that exclusion
• Business interests (unless held in a trust or partnership agreement)
• Personal property (jewelry, furniture, artwork) owned in the decedent's sole name, whether or not a will leaves it to someone. A will does not cause or avoid probate; sole-name property above the thresholds needs a court procedure either way
• Money owed to the decedent (debts, legal settlements)

The California Shortcut: Small Estate Affidavit

If the gross value of the estate is $208,850 or less, California may allow you to collect the personal property with a simple affidavit instead of going to court. Real property counts toward the $208,850 limit but the affidavit cannot transfer it (Probate Code Section 13103 allows the affidavit for the personal property if a probate referee inventory and appraisal of the real property is attached). Vehicles, vessels and other Section 13050 property, up to $20,875 of compensation, and a residence placed in a Section 13151 petition are not counted. 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. Subtract vehicles registered with the DMV and other Section 13050 property (and a primary residence handled by a Section 13151 petition)
6. If the remaining total, including any California real property, is $208,850 or less, the small estate affidavit may be available for the personal property (Probate Code Section 13103)
7. If the total exceeds $208,850, you may need a court procedure. California also has shorter procedures that may apply: a petition for a primary residence worth up to $750,000 (Probate Code Section 13151, form DE-310, 40 days after death), an affidavit for real property worth up to $69,625 six months or more after death (Section 13200, form DE-305), and a spousal or domestic partner property petition with no dollar cap (Section 13650, form DE-221). Ask the court's self-help center or an attorney which applies

Unsure? Use Our Eligibility Checker

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For specific questions about your California estate and probate requirements, consult an attorney licensed in California.