Pre-Probate Planning Checklist

Steps That Can Reduce, Simplify, or Avoid Probate Before It Happens

Probate is often necessary—but in many situations, thoughtful planning can reduce delays, costs, and stress for surviving family members.

This addendum outlines common planning considerations that individuals and families may explore before death to make estate administration more efficient.

Important Planning Note: Pre-probate planning options vary widely based on family circumstances, asset types, tax considerations, and state law. This checklist is educational in nature and is not a substitute for legal, tax, or financial advice.

Why Pre-Probate Planning Matters

Without advance planning, families often encounter:

Extended court timelines
Higher legal and administrative costs
Confusion over authority
Family conflict
Forced or rushed property sales

Core Estate Planning Documents

Create or Update a Will

A will names beneficiaries, appoints an executor, and provides basic instructions. However, a will alone does not avoid probate.

Consider a Revocable Living Trust

When properly drafted and funded, a living trust can allow assets to pass outside of probate, maintain privacy, and enable faster administration.

Name Backup Fiduciaries

Naming alternate executors or trustees helps prevent delays if the primary choice is unable or unwilling to serve.

Asset Ownership Review

Review How Assets Are Titled

Asset ownership—not the will—often determines whether probate is required.

Review and Update Beneficiary Designations

Life insurance policies, retirement accounts, and payable-on-death accounts pass by beneficiary designation and override most estate documents.

Consider Transfer-on-Death Options

California allows certain transfer-on-death and payable-on-death arrangements that may avoid probate when used appropriately.

Document Organization

Create a Central Document File

Organizing key documents in advance helps reduce confusion and delays after death.

Inform Trusted Individuals

At least one trusted person should know where documents are stored and who to contact.

Health and Decision Authority

Durable Power of Attorney

Allows a designated individual to manage financial matters during incapacity.

Advance Healthcare Directive

Documents medical preferences and appoints a healthcare decision-maker.

Real Estate Considerations

Review Property Ownership

Real estate is often the largest probate asset and benefits greatly from advance planning.

Consider Future Sale or Transfer Scenarios

Planning ahead can help avoid forced sales, tax inefficiencies, and disputes.

Tax and Financial Coordination

Understand Potential Capital Gains Implications

Step-up in basis rules and property tax considerations can significantly affect heirs.

Coordinate With Professional Advisors

Coordination among legal, tax, and financial professionals helps prevent costly mistakes.

Communication and Expectations

Communicate Intentions Clearly

Clear communication reduces misunderstandings and family conflict.

Document Special Wishes

Personal property and sentimental items should be addressed clearly to avoid disputes.

Periodic Review

Estate plans should be reviewed periodically and after major life changes such as marriage, divorce, births, deaths, or significant financial events.

Final Thought

Pre-probate planning is one of the most meaningful ways to support loved ones. Even modest preparation can reduce stress and uncertainty during difficult times.