By Harry Prabandham · Updated September 28, 2026
Estate & Legacy
The Probate Process: How It Works and How Assets Avoid It
Probate is the court process that validates a will, pays debts, and distributes assets. Trusts, beneficiary designations, and joint titles can avoid it.
The Probate Process: How It Works and How Assets Avoid It
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What is probate?
- Probate is the court-supervised process of proving a will, appointing a personal representative, paying debts and taxes, and distributing what remains.
- If there is no will, state intestacy law decides who inherits.
- Court filings are generally public records.
- Only assets in the decedent's sole name with no beneficiary or survivorship arrangement usually go through probate.
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Full Guide
What is probate?
- Probate is the court-supervised process of proving a will, appointing a personal representative, paying debts and taxes, and distributing what remains.
- If there is no will, state intestacy law decides who inherits.
- Court filings are generally public records.
- Only assets in the decedent's sole name with no beneficiary or survivorship arrangement usually go through probate.
How does probate work, step by step?
- Someone petitions the court, which admits the will and issues letters authorizing the personal representative to act.
- The representative collects and inventories assets, and in California an independent referee appraises most non-cash assets.
- In California, creditors generally have four months after letters are issued, or 60 days after mailed notice if later, to file claims.
- After debts, taxes, and expenses are paid, the court approves distribution.
What does probate cost?
- California sets statutory fees for the personal representative and attorney: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, then lower tiers.
- Those percentages apply to the gross estate, not the equity, so a mortgaged house counts at full value.
- Filing fees, appraisal, publication, and bond costs are added, and extraordinary services can be billed separately.
Which assets avoid probate?
- Assets titled in a funded revocable living trust.
- Retirement accounts, life insurance, and TOD or POD accounts with a living named beneficiary.
- Property held in joint tenancy or community property with right of survivorship.
- California also has simplified procedures, including a small-estate affidavit for personal property up to $208,850 for deaths on or after April 1, 2025.
Is a revocable living trust worth it?
- A funded trust lets a successor trustee administer and distribute assets without court supervision.
- Assets must actually be retitled into the trust; an unfunded trust doesn't avoid probate.
- Trusts have upfront legal costs and still require trust administration after death.
What if you own property in several states?
- Real estate in another state can require a separate ancillary probate there.
- Holding out-of-state property in a revocable trust generally avoids that second proceeding.
- Executors and trustees are fiduciaries and can be personally liable for mishandling assets.
Key takeaways
- Probate is public, court-supervised, and in California carries statutory fees tied to the gross estate.
- Trusts, beneficiary designations, and survivorship titles are the usual ways assets avoid it.
- A trust works only if it is funded.
- Rubric coordinates titling and beneficiaries as part of overall wealth management; your estate attorney handles the legal work.
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