When is probate required for real estate?

In California, probate is required for real estate when the deceased person’s assets total more than $166,250 at the time of death. When this is the case, the real estate must go through the probate process in order to transfer the title to the rightful beneficiaries. This is done to ensure that creditors are paid any money they are owed, and that the remaining assets are distributed according to the deceased’s will or, if there is no will, according to the state’s succession laws. Probate is a court-supervised process which may involve several steps, depending on the specific situation. Generally, this process begins with a petition to open the probate and the filing of an inventory of the deceased’s assets. Then, creditors must be notified and paid, and taxes must be paid as well. Once all debts have been settled, the remaining property is distributed to the beneficiaries of the will (or based on the state’s succession laws if there is no will). Generally, real estate must be probated in California if it is owned solely by the deceased, if it is co-owned with others but is not held in joint tenancy and if the total value of the deceased’s estate is more than $166,250. In certain situations, a real estate transfer without probate might be possible, but this should always be carefully evaluated since it may result in legal complications for the beneficiaries.

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When is probate required for real estate?

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