How to Avoid Probate in California
Avoiding Probate in California: Smart Strategies for Protecting Your Estate
Probate can be a long, costly, and public process that many California residents aim to avoid when planning their estate. At Lane Law Group, Inc., we assist clients throughout California in taking proactive steps to minimize or eliminate the need for probate. By using certain legal tools and structuring your assets wisely, you can ensure a smoother transfer of property to your loved ones and reduce the burden on your family during a difficult time.
What Is Probate?
Probate is the legal process through which a deceased person’s assets are distributed and debts are settled under court supervision. In California, probate can be expensive and time-consuming, often lasting 9 months or more. It also becomes a matter of public record, which many families prefer to avoid.
Why Avoid Probate?
- Save time: Probate can take months, sometimes years.
- Reduce costs: Legal fees, court costs, and executor fees can add up.
- Maintain privacy: Probate proceedings are public.
- Ease the burden: Loved ones can access assets more quickly and easily.
Strategies to Avoid Probate in California
1. Create a Living Trust
A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime. You control the trust as the trustee and designate a successor to manage and distribute the assets upon your death. Assets held in the trust do not go through probate.
2. Use Beneficiary Designations
Many financial accounts such as retirement accounts, life insurance policies, and payable-on-death (POD) bank accounts allow you to name beneficiaries. These assets pass directly to your named beneficiaries without court involvement.
3. Joint Ownership with Right of Survivorship
Holding property as “joint tenants with right of survivorship” ensures that when one owner passes away, the surviving owner automatically becomes the full owner—bypassing probate.
4. Transfer-on-Death Deeds
California allows the use of a Transfer-on-Death (TOD) deed for real estate. This deed lets you name a beneficiary to receive your property upon your death, avoiding the probate process.
5. Small Estate Affidavit
If your estate is worth less than $184,500 (as of 2025), your heirs may use a simplified procedure known as a small estate affidavit to transfer assets without formal probate.
Let Lane Law Group, Inc. Help You Plan Ahead

Proper estate planning can save your loved ones time, money, and stress. At Lane Law Group, Inc., we guide California residents through the estate planning process, helping them structure their assets to avoid probate and protect their families.
