Oakland, CA asked in Probate for California

Q: Are there any specific types of property that automatically don't have to go through probate?

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2 Lawyer Answers
Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: Yes, there are certain types of property that do not go through the probate process such as:

Financial accounts that name a beneficiary such as payable on death financial accounts

Property held in joint tenancy or another form that has the right of survivorship

Vehicles or mobile homes that have named a beneficiary

Property held by a trust

Most of the time, it's the home that puts an estate in probate. Best probate avoidance technique is to put the home in a trust.

Michael Ellis Freedman
Michael Ellis Freedman
Answered
  • Probate Lawyer
  • San Francisco, CA
  • Licensed in California

A: Yes, there are many non-probate assets. Multiparty accounts, in which either a joint account holder or named beneficiary will receive the account upon proof of death; Joint bank accounts, and joint real property will be transferred to the survivor; Retirement and IRAs in which a beneficiary is named; and, of course, assets that have been properly funded to a trust. Also, if an asset is a probate asset, a formal probate will not be required for an aggregate value of such assets below $150,000. Instead, the successor in interest may use a summary procedure under Probate Code Section 13100.

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