Does all property go through probate when a person dies?
No. The term “probate estate” refers to any property subject to the authority of the probate court. Assets distributed outside the probate process are part of a person’s “non-probate estate.” California has “simplified procedures” for transferring property for estates worth under a certain amount (from $20,000 to $100,000 depending on the circumstances and the kind of property). There is also an easy way to transfer property to a surviving spouse, property held in Joint Tenancy and life insurance and retirement benefits. To learn more about these simplified procedures, see the Simplified Probate Procedures section of this website.
Related Questions
- I am the personal representative of a deceased person, and I am required to transfer his property to his heirs as part of probate. Can I use a quitclaim deed to make this sort of land transfer?
- I am the personal representative of a deceased person, and I am required to transfer his property to his heirs as part of probate. Can I use a warranty deed to make this sort of land transfer?
- Probate question: Does all property go through probate when a person dies?
