Simplifying the Probate Process: What You Need to Know

What Is the Purpose of the Probate Court in California?

The California probate courts play a pivotal role in overseeing your assets and estate when you pass away. The main objective of the California probate court is to ensure that your estate is legally and properly managed, all your debts, taxes, etc., are paid, and all the remaining assets are distributed according to your will; if you don’t have a Will, your assets and property will be distributed according to California state law.

Since this probate process is commonly lengthy and highly stressful for your family and beneficiaries, the courts have recently tried to streamline and improve its efficiency. However, specific criteria must be met.

For example, California bill AB2016 will be implemented in the spring of 2025, which could significantly and positively impact the state’s probate process. California probate is only required if your property and assets exceed a specific value. This new Bill (AB2016) will significantly raise this threshold and, in theory, make it much quicker and easier for smaller estates to be settled and distributed to your family and beneficiaries.

However, to take advantage of this simplified probate process, the value of your estate must fit certain specific criteria, and the problem lies here. Your estate must be correctly valued according to strict guidelines, and to legally and effectively provide the correct valuation to the court, the skilled, experienced, and thorough knowledge of your probate lawyer will be invaluable.

It’s vital to note that probate, historically, is commonly a lengthy, stressful, and expensive process, which often takes months (and sometimes years) to complete. If you can take advantage of this new and simplified process, it’s advantageous to you and your family. Still, the help of a well-versed and passionate probate lawyer is mandatory.

How Do I Know If I Qualify for A Simplified Probate Process in California?

Currently, the type of probate process your estate will go through in California almost solely depends on its size: Is it a large, complex estate or smaller and simpler?

This valuation is complex, and many rules and regulations must be followed to decide whether the probate court will accept it. In most cases, California defines a small estate as one with qualified assets valued at less than $184,500 at the time of your death.

If your estate’s valuation meets that threshold and some other significant criteria, you might qualify for a much shorter process that allows a much quicker transfer of your loved one’s assets to your family and beneficiaries.

However, these criteria must be met, and why a proper, correct, professional, and legal valuation of your estate is so important.

If you can meet the criteria, there are numerous things to know about California’s simplified probate process. Just a few of these are:

• In most cases, California estates valued at less than $184,500 are considered small and can usually take advantage of the simplified probate process.
• If your estate meets this threshold, you and your lawyer can file a simplified set of documents to the probate court instead of going through the entire probate process.
• Any assets that will go to your surviving spouse can also be transferred using a streamlined procedure.
• To transfer ownership of assets that you only stand to inherit (instead of the entire estate), you may also be able to file a small estate affidavit and more.

Although this “simplified” probate process can be highly beneficial, all its guidelines must be precisely followed, so the professional advice and guidance of an experienced probate lawyer is necessary.

If I Use the California Simple Probate Process, Are There Extra Steps I Must Take?

You must note that this more straightforward probate process can help significantly, but only if managed by a professional and your estate valuation and more meets the criteria prescribed by law.

That said, if your estate includes both personal and real property but still meets the legal simplified probate threshold, the appointed administrator can use the affidavit process but does need to file additional forms, such as:

• A formal petition to determine real property succession.
• A formal order that determines the succession of the real property.
• An inventory and appraisal of personal property, a notice of a formal hearing, and possibly more.

If your estate is below the threshold for formal probate and does not include real property, such as your home, etc., the executor (or administrator) can still complete a California small estate affidavit form. This form will list all the assets the person owns and their value.

By using small estate affidavits, your knowledgeable and well-versed probate lawyer can quickly transfer any specific assets you will inherit instead of the entire estate. Once the California court gives its approval, financial institutions can release the assets to the beneficiary or heirs.

Once again, although this simpler process and the filing of affidavits can be highly beneficial, a legal professional must manage the entire procedure if you want it to go as smoothly as possible.

Are There Other Legal Options to Transfer Property Without Going Through the Formal Probate Process?

The simple answer is yes, there are, but once again, rules and regulations apply. For example, many government benefits, like social security survivor benefits, can be collected without going through the probate court.

Usually, though, you must have previously listed the heir as a beneficiary on the property before your death.

This type of transfer is common to specific types of property, such as:

• Life insurance policies and their payouts.
• Specific bank, investment, or retirement accounts.
• Your pensions and annuities.
• Property that’s held in a living trust, and more.

For example, if your surviving spouse is legally entitled to the property, they can file a spousal property petition with the help of their probate lawyer. This process is much faster and far less complicated than going through probate.

Let’s say you and your spouse were married for decades and primarily owned community property. In a spousal property petition case, the court can confirm this property, which now belongs to the surviving spouse or partner.

However, solid proof must support whether something is community property. Here, your lawyer may use deeds and bank statements to determine how the title to a specific asset was held during your marriage.

Additionally, if you die and have a Will, it will be thoroughly reviewed to be sure they did not leave their property to any other heir.

Remember that every case of this type differs, as do the circumstances concerning various types of assets. You must obtain professional, rational, and thorough legal advice if you doubt what should be done and how.

I Have Questions About My Late Spouses’ Estate and Probate; How Should I Proceed?

The California probate process can be challenging, time-consuming, and expensive. For these reasons and more, California has attempted to promote and devise ongoing efforts to ensure that estates are managed and distributed according to the law while providing in-depth protection for heirs and beneficiaries.

That said, you must have professional guidance to fully understand such issues as the probate threshold, the precise role of the probate court, the rules of intestate succession, spousal inheritance, and more.

The probate lawyers at the Sheela Stark Law Group, APC, have the experience, resources, and passionate diligence needed to help you and your family manage any probate issues and questions that may arise.

Call them today at (909) 675-1545 for a free consultation on your unique case. You can be assured that your concerns and issues will be dealt with professionally, efficiently, and as rapidly as legally possible.