Let’s walk through the most reliable and legally recognized strategies to keep your estate out of probate court.

1. Create a Living Trust

This is the #1 tool to avoid probate in California.

A revocable living trust allows you to transfer ownership of your assets into a legal entity while you’re alive. You control it completely, and upon your death, your successor trustee distributes everything according to your instructions—without court involvement.

What can go in a trust?

✅ Real estate
✅ Bank accounts
✅ Stocks and investments
✅ Business interests
✅ Personal property

Bonus: A trust also helps if you become incapacitated, allowing your trustee to manage things without court conservatorship.

Pro tip: For most homeowners in California, a living trust is essential. It keeps your property out of probate and may even protect your Prop 13 tax base when passing property to your children.

2. Use Joint Ownership with Right of Survivorship

Some assets can be held in joint tenancy or as community property with right of survivorship.

When one co-owner dies, the surviving owner automatically receives the asset—no probate needed.

Common examples:

• • Real estate owned with a spouse

• • Joint bank accounts

• • Jointly titled vehicles

Warning: This method only avoids probate for the first death. Once the survivor passes, the property will go to probate unless it’s held in a trust or otherwise planned for.

3. Name Beneficiaries on Accounts

Assets with a named beneficiary pass directly to that person without going through probate.

Examples include:

• • Life insurance policies

• • IRAs and 401(k)s

• • Pay-on-death (POD) bank accounts

• • Transfer-on-death (TOD) investment accounts

Make sure your beneficiaries are up to date—and name backup beneficiaries in case the primary person has passed.

Pro tip: This method is fast and effective, but it doesn’t allow for much control over how the money is used. Consider using a trust if you want to manage distributions over time.

4. Use Small Estate Affidavits (for Estates Under $184,500)

If the total value of your estate is under $184,500 (as of 2024), California allows heirs to skip probate using a small estate affidavit.

The process is quick and court-free, as long as:

• • No real property (real estate) is involved

• • It’s been at least 40 days since death

• • The value of the estate is accurately reported

For simple estates (like a single bank account or car), this is a great shortcut.

5. Give Gifts While You’re Alive Instead Of

One sure way to avoid probate and show your  is to gift and enjoy your time with your family.

• • No court required

• • No delays

• • No legal disputes

Just keep in mind:

• • Gifts over $18,000 per person per year (2024 limit) may require a gift tax return

• • Once you give something away, you lose control over it

• • This approach isn’t practical for real estate or major assets unless planned carefully

What’s the Best Strategy for You?

For most Californians, especially homeowners, the best way to avoid probate is a revocable living trust combined with:

• • Named beneficiaries on life insurance and retirement accounts

• • Joint ownership where appropriate

• • And a pour-over will to catch anything accidentally left out

The key is coordination. No single tool works unless the entire estate is aligned.

Final Thoughts: Avoiding Probate is a Gift to Your Family

Planning now saves your loved ones:

• • Time

• • Money

• • Stress