Determining the Appropriate Probate Path

How California estates are routed — and why this decision matters.

Once the immediate steps following a death have been addressed, the next critical question is which probate process—if any—applies to the estate.

This determination shapes timelines, costs, court involvement, and the overall complexity of estate administration. Making the wrong assumption early can lead to unnecessary filings, delays, and expenses.

Why This Step Matters

Not every estate requires formal probate. In California, many estates qualify for simplified procedures or avoid probate entirely depending on how assets were titled and transferred.

  • Unnecessary court involvement
  • Higher legal and administrative costs
  • Delays in distributing assets
  • Avoidable stress for heirs and beneficiaries

The Three Probate Paths in California

  1. No Probate Required
  2. Simplified Probate Procedures
  3. Formal Probate Administration

Path One: No Probate Required

Probate is not required when assets pass automatically by operation of law or contract.

  • Assets held in a revocable living trust
  • Joint tenancy or community property with right of survivorship
  • Accounts with named beneficiaries
  • Transfer-on-death or payable-on-death accounts

Path Two: Simplified Probate Procedures

Small Estate Affidavits

Estates that fall below California’s statutory value threshold may qualify for simplified procedures that avoid full probate.

Spousal and Domestic Partner Transfers

Transfers to surviving spouses or registered domestic partners often receive streamlined court treatment.

Path Three: Formal Probate Administration

Formal probate is typically required when one or more of the following apply:

  • The estate exceeds statutory value limits
  • Real property is involved and not held in trust
  • No trust exists
  • There are disputes, ambiguities, or creditor issues

How the Correct Path Is Determined

  • How assets are titled
  • Total estate value
  • Existence of a valid will or trust
  • Beneficiary designations

Practical insight: Before filing anything with the court, create a complete asset list and identify which assets are probate versus non-probate. This step alone often determines whether probate is required at all.

What Comes Next

Once the correct probate path is identified, the next step is formally initiating the process by filing the appropriate documents with the court.

That process is covered in the next chapter.