Why You Want to Avoid Probate in California

Jan 12

When a loved one passes away, their assets don’t automatically transfer to their heirs. In California, if someone dies without a living trust, their estate may have to go through probate, a court-supervised process that distributes assets according to a will (or state law if there is no will). Probate can be time-consuming, expensive, and stressful for surviving family members. Fortunately, proper estate planning can help you avoid it altogether. Here’s why avoiding probate should be a priority.

1. Probate in California Is Costly

Probate can be extremely expensive due to attorney fees, court costs, and executor fees. In California, attorneys and executors are entitled to statutory fees based on the total value of the estate—not the net value after debts are paid. Here’s what that looks like:

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9 million

For example, if an estate is worth $500,000, probate fees could total $13,000 or more, reducing the amount beneficiaries receive.

2. Probate Takes a Long Time

The probate process in California typically lasts 12 to 18 months, and in some cases, even longer. Delays can arise due to court backlogs, creditor claims, or family disputes. This means beneficiaries may have to wait a year or more before receiving their inheritance.

3. Probate Is Public

When an estate goes through probate, all related documents—including the will, list of assets, and creditor claims—become public record. Anyone can access this information, which can lead to unwanted attention from creditors, scammers, or even distant relatives who may try to claim a portion of the estate.

4. Probate Can Lead to Family Disputes

Unfortunately, probate can create opportunities for family conflicts. Disagreements over asset distribution, the validity of a will, or even who should serve as executor can result in costly legal battles that drag on for years.

5. Probate Can Be Avoided

The good news is that probate is completely avoidable with proper estate planning. The best way to keep your assets out of probate is to set up a revocable living trust. A living trust allows you to control your assets during your lifetime and ensures a smooth transfer to beneficiaries after your passing—without court involvement. Other probate-avoidance strategies include:

Joint ownership (such as joint tenancy with right of survivorship)
Pay-on-death (POD) or transfer-on-death (TOD) designations on bank accounts and securities
Beneficiary designations for retirement accounts and life insurance policies

Take Control of Your Estate Planning Today

By creating a living trust and using other estate planning tools, you can protect your assets, minimize costs, and spare your loved ones from the stress of probate. If you’re unsure whether your estate plan is structured to avoid probate, we can help.

Joanne Huang