Probate Law in California

What it means in California:
Probate law in California governs the court-supervised process of settling an estate when someone dies owning assets that don’t pass automatically.

Key points:

• Governed by California probate code
• Overseen by California Superior Courts
• Required for most estates with assets in the decedent’s name

California-specific considerations:

• California offers a “Small Estate Affidavit” process for qualifying estates under a certain value, allowing heirs to collect personal property without formal probate.
• Different thresholds and processes exist for personal property vs. real property
• California law allows simplified petitions for succession to real property under a certain value, which can avoid full probate Estate planning strategies, such as beneficiary designations and living trusts, can eliminate the need for probate.