What Assets Are Subject To Probate In California? 

PROBATE ATTORNEY:  Getting a probate attorney is normally the first step.   (General information) CLICK HERE

PURPOSE OF PROBATE: Learn the purpose of probate and what is involved. Click here

WHAT ASSETS ARE PROBATED: Find out what assets are not probated too. Click Here

When you retain my services I will explain what assets are subject to the California Probate Process and which assets are NOT.  Part of the purpose of probate is to determine this.  As an attorney who practice Probate Law I am here to help you and to make sure assets that shouldn't be probated are not.  The fees that the probate court charges are based on what is probated.  As you can see this is why so many people who try to do their own probate actually end up paying more than if they had retained legal counsel.

While not all assets that the decedent owned are subject to probate, the following assets are subject to the probate process:  Assets in the deceased person's name alone.

One-half of each asset registered as community property in the decedent's name with his or her spouse.

The deceased person's portion or share of an asset where the asset is registered as tenants in common with other people.

California Probate Law provides that a probate is not necessary if the total value at the time of death of the assets which are subject to probate does not exceed the sum of $100,000. There is a simplified procedure for the transfer of these assets. The $100,000 figure does not include vehicles and certain other assets.

As mentioned, not everything is subject to probate. Even though there may be a probate for a portion of assets owned, the following assets are not subject to the probate process:

 - Assets held in a form of a  living trust or one of the other common trust such as a A B trust.

 - Assets in a bank or savings and loan account in the deceased person's name as "trustee" for someone else. (This could be part of a trust.)

 - Assets such as life insurance,  IRA benefits, where a beneficiary is named. (if the decedent has named another person as a beneficiary then that portion is not normally part of the Probate in San Diego, California)

 - Assets  held in joint tenancy with another person or persons. (Joint tenancy does not have to be with spouse).

 - Assets that can be registered in a person's name and which are "payable on death" (P.O.D.) or "transfer on death" (T.O.D.) to  a living person.  (These are  not assets that are named in a will.).

 - Assets passing to the surviving spouse: If the deceased person owned assets in his or her name alone but these assets are left by will or passed by intestate succession to the surviving spouse, no probate is necessary.

 - Assets registered by husband and wife as "community property with right of survivorship."  (Similar to joint tenancy.)

 In California we have a  legal process referred to as a "spousal confirmation proceeding." Here, a petition is filed with the probate  court, notice is given to certain persons or parties and if no one objects, the court approves the assets as going to the spouse. This procedure can only be used for husband and wife and where the estate is NOT contested.

For example, Ms. Doe has $200,000 of separate property bonds in her  name alone.  She has a will which leaves everything to her Spouse (Husband). Her Husband can use the spousal confirmation proceedings. The advantage when this method can be used is that there is NO fixed fee as in  probate, furthermore, the process takes approximately 30-60 days instead of 9-12 months as in most probate proceedings.

If you need a probate attorney in San Diego County or in the El Cajon, Santee, Lakeside, Spring valley, La Mesa, Lemon Grove , Alpine, Santee lakes, Rancho San Diego, Chula Visita,  or in the east county of of San Diego please contact my office to discuss your probate needs.