How to Avoid Probate in California

Certain ownership structures allow real estate to transfer to a decedent’s successors in interest without court involvement. However, title to the property must be clearly held.

If title is held in one of the following ways, then probate can be avoided.  Avoiding probate saves time, reduces legal costs and allows faster access to property. 

• Joint tenancy
• Community property with right of survivorship
• Living trusts

If property is held in a way that does not include survivorship rights or trust ownership, probate is typically necessary, although a summary probate procedure may be available depending upon the value of the property and if the property was the decedent’s primary residence.