This is one of the first questions I hear, and it’s a good one — because the answer affects your entire timeline.

Probate is the court-supervised process of validating a will and distributing a deceased person’s assets. In California, whether you need to go through probate depends on how the property was titled and whether certain estate planning tools were in place.

You likely DO need probate if:

• The property was titled in the deceased person’s name alone

• There is no trust, or the property was never transferred into the trust

• The estate’s total value exceeds $184,500 (California’s current threshold)

• There is no surviving spouse with joint tenancy rights

You may be able to AVOID probate if:

• The property was held in a revocable living trust

• The property was titled as joint tenancy with right of survivorship

• The property had a valid beneficiary deed or was community property with right of survivorship

Even if a trust exists, it’s worth confirming the property was actually transferred into it — a common oversight that can complicate things unexpectedly. An estate attorney can review the documents and give you a definitive answer.

Note: I’m not an attorney, and this isn’t legal advice. Every situation is different. Please consult a qualified estate attorney to understand your specific circumstances.