Do All Assets Go Through Probate in California?

One of the most common misconceptions we hear from families is:
“Does everything have to go through probate?”

The answer: No.

Not all assets pass through the probate court in California. In fact, many can transfer directly to heirs or beneficiaries if they’re titled or structured properly.

Here’s a simple breakdown of what goes through probate, what doesn’t, and how to plan for both.

✅ Assets That Typically Avoid Probate

These assets bypass probate and go directly to named beneficiaries or surviving co-owners:

Joint tenancy property (e.g. “joint tenants with right of survivorship”)
Assets in a living trust
Transfer-on-death (TOD) deeds
Payable-on-death (POD) bank accounts
Retirement accounts with a beneficiary (401k, IRA)
Life insurance policies with a named beneficiary
Assets held in community property with right of survivorship

These transfers happen automatically when the proper documentation is provided—no court intervention needed.

⚠️ Assets That Do Go Through Probate

The following assets typically must be handled through the probate court:

Property held solely in the decedent’s name
Real estate without a trust or TOD deed
Personal bank accounts with no beneficiary
Stocks and bonds held individually
Vehicles or personal belongings without co-ownership

If the total value of these assets exceeds $184,500 (as of 2024), probate is usually required.

💡 Why This Matters for Real Estate

If the home wasn’t placed in a trust or covered by a TOD deed, it will likely go through probate—even if the deceased had a will.

Read: Selling a Probate Property in Los Angeles & Orange County

That’s why setting up a trust or TOD deed in advance can prevent months of legal proceedings for heirs.

🧾 Small Estate Affidavit (Shortcut for Smaller Estates)

If the estate’s total value is below California’s threshold, you may be able to avoid full probate using a small estate affidavit.

This simplified process skips court but only applies in certain situations. It’s best to consult with a probate attorney or trusted real estate professional.

🚫 Common Probate Surprises

A will does not avoid probate—it only names who inherits
Joint accounts can override a will
Missing paperwork or outdated beneficiary forms can delay transfers
TOD deeds must be recorded before death to be valid

📅 Let Us Help You Sort It Out

At The Borges Real Estate Team, we’ve helped families all over Los Angeles and Orange County understand which assets need probate—and how to move forward if real estate is involved.

We’ll help you: