Every state has its own probate law. That is why it is highly recommended that you talk to a legal document assistant or an attorney who specializes in California probate law.

What is probate?

Probate is the legal process that takes place after someone has passed away. This process can vary tremendously depending on whether you have a will, a trust or no will.

If you reside in California, you have an option to create a will or trust. The person named on your will or trust will present the document for validity to the judge. They will also provide a list of property and your debts and who you’ve chosen for it to go to. Probate is usually case by case and depending on whether you have a will or trust or the amount of assets or debts the process can be long or short. Either way most people would like to avoid the probate process.  A person can do this by planning ahead.

In California a trust can be formed if you:

1) have Intent,

2) have a trustee,

3) have a res, which is an identifiable property,

4) have an ascertainable beneficiary, and

5) have purpose. People who are over the age of 50 or perhaps are ill may be advised to seek a trust.

Of course, it is usually not the most uplifting thing to do but it can give you a piece of mind that your wishes as to who gets what can be accomplished. There are many benefits to creating a trust such as avoiding Probate Court, maintaining control over your finances after you pass away, avoiding or reducing possibility of challenges in court, preventing conservatorship issues and keeping your personal and financial matters private.

In California there are also several reasons when Probate is not necessary.

Some of these include:

1) the assets are non-probate assets,

2) if the estate consists of personal property only and it is valued up to $150,000 or less,

3) if the estate consists of personal property and real property valued up to $150,000 or less and

4) if you are the spouse or domestic partner of the decedent.

For example, in California the probate law, if you have only up to $100,000 of property and you are a surviving spouse you don’t have to go through probate. The $100,000 or less will go straight to your surviving spouse. Other examples include assets that are held in a trust account or proceeds of a life insurance policy and many retirement accounts.

Regardless of how you decide to distribute your assets or debts make sure that your intentions are fulfilled. There are simple things that can be done to allow for a smoother process for your loved ones when you pass. Writing a will or creating trust can be difficult and emotional at times but without one could cause problems for your family. Make sure to do your research and decide what route is best for you and your family.