Can probate be avoided?

Yes, probate can be avoided in California. This is possible by establishing certain types of trusts, designating beneficiaries to certain financial accounts and assets, or by making arrangements through a transfer-on-death beneficiary designation. Trusts are legal entities that are created when a person (called a ‘grantor’) transfers property or assets to a trustee. The trustee is then responsible for administering the trust according to the grantor’s wishes, and distributing the assets to the beneficiaries named in the trust. Funds placed in a trust are exempt from probate and the trustee can transfer the assets to the beneficiaries immediately upon the grantor’s death. Another way to avoid probate is to list beneficiaries on certain financial accounts, such as life insurance policies, bank accounts and retirement accounts. This allows the named beneficiary to access the funds immediately upon the account holder’s death. Lastly, certain assets, such as motor vehicles or real estate, can also be transferred on-death. In California, this can be done by filing forms with the Department of Motor Vehicles or the County Recorder’s Office respectively. This designation transfers the title of the asset to the beneficiary immediately upon the owner’s death and avoids the need for probate. Probate can be avoided in California by taking advantage of the various estate planning tools available. Creating a trust, naming beneficiaries to financial accounts, and making arrangements through a transfer-on-death beneficiary designation are all effective methods of avoiding probate.

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