When is probate required?

In California, probate is required when someone passes away and leaves behind any assets or property that are not jointly owned, in a trust, or with a designated beneficiary. When someone dies, the assets they leave behind must go through the state’s probate process in order to make sure they are divided legally and according to the deceased’s wishes. This process is overseen by a probate court and includes the identification, appraisal, and distribution of the deceased’s property. Probate is especially important when someone passes away without creating a will, meaning the state is left to decide who is entitled to inherit what. A probate judge will also determine if the deceased had any outstanding debts to be paid out of the estate. The process also helps resolve disputes between family members regarding the decedent’s estate. Probate is also required when the deceased left behind an estate valued at over $166,000. Even if the deceased had a will, state law requires that certain items must go through probate in order to be distributed. In California, the probate process can be lengthy and can take 6 months to a year or more to complete.

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When is probate required?

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