Most people assume probate is something that happens to other families, right up until they open an account statement or deed and wonder, What assets are subject to probate in California, and which ones are safe from the court? The difference isn’t always clear. Some assets move freely to heirs; others are frozen until a judge authorizes each step. That uncertainty pushes families to seek help.
Fortunately, Sacramento estate planning attorney Tony Franceschi can answer your most complex questions. He helps families find structure, reduce surprises, and choose tools that keep their plans intact. His estate planning practice at Capital City Wills & Trusts, PC, offers clear guidance, same-day or 24-hour document support when needed, and home, hospital, or nursing facility visits for clients facing mobility or health challenges. With Tony’s help, families replace guesswork with confidence.
What Assets Are Subject to Probate in California?
Identifying assets that require probate depends on ownership, not complexity. Under California law, the court oversees assets titled solely in the decedent’s name with no beneficiary, joint owner, or trust.
Some common examples of probate assets include:
- Real estate titled only in the decedent’s name;
- Bank accounts without pay-on-death or transfer-on-death designations;
- Investment accounts lacking beneficiary arrangements;
- Vehicles not held in a trust or joint ownership;
- Personal property such as jewelry, collectibles, and valuables; and
- Ownership interests in a business or partnership without succession planning.
Each of these assets requires legal authority for transfer, which means the probate court becomes involved, and an executor may need court-issued letters testamentary. Capital City Wills & Trusts guides executors and families through this process, helping them evaluate when formal probate is required, when simplified procedures apply, and how to manage responsibilities without fear of error.
What Assets Pass Outside of Probate?
Not every asset enters the probate court system; some can bypass it entirely. Assets that transfer through legal operation, contract, or specific structural arrangements bypass the need for court involvement.
These can include:
- Life insurance, retirement accounts, and annuities with valid beneficiary designations;
- Joint tenancy property, which shifts to the surviving owner immediately;
- Community property with right of survivorship, designed for married couples;
- Pay-on-death (POD) and transfer-on-death (TOD) accounts; and
- Assets held in a revocable living trust, which follow the trust’s instructions outside court.
We review deeds, designations, and account structures to help ensure they match the client’s goals and prevent accidental probate.
How Can Beneficiary Designations Impact the Need for Probate?
The answer is straightforward: a beneficiary designation overrides a will and eliminates the need for probate, provided it remains valid.
However, designations can create problems when a:
- Beneficiary predeceases the account holder,
- Designation contradicts the larger estate plan,
- Bank or financial account lists an ex-spouse unintentionally,
- Minor is named without a trust to manage the funds, or
- Form reflects old priorities.
These mistakes pull otherwise non-probate assets back into the court system or create legal disputes among heirs. Our team examines each designation to ensure it aligns with your broader plan, not just your paperwork.
Understanding probate starts with knowing how your assets are titled. We help families gain clarity and plan ahead.
What Role Do California Small Estate Procedures Have in the Probate Process?
Families often hear about simplified procedures and assume they eliminate probate across the board. California’s small-estate affidavit process applies only when the total value of qualifying assets falls below the current statutory threshold (which adjusts periodically). Some property, such as real estate, requires additional procedures. Thus, when clients ask about what assets go through probate, the answer depends on the asset’s value, ownership, and whether it has beneficiaries or is held in trust.
How Does a Will Affect the Assets That Go Through Probate?
When clients ask whether creating a will changes what assets go through probate, they expect the will to override the system. But a will does not avoid probate; it directs the court. If an asset remains in the decedent’s name, the court must validate the will and authorize its transfer.
Families seeking smoother and faster administration often opt to pair a will with a revocable living trust. A trust holds assets during a person’s lifetime and distributes them after their death, often without court involvement. A will applies only to property left outside the trust.
What Are Examples of Probate Assets?
Many clients want simple, tangible illustrations, so Tony often walks families through scenarios like the following:
- A home titled solely in one spouse’s name,
- A checking account with no beneficiary,
- A brokerage account not placed into a trust,
- A vehicle owned individually, and
- Personal property collections without documented ownership instructions.
These examples help families visualize which categories need attention and how a proactive estate plan can shift responsibility away from the court and toward people they trust. Tony examines these details closely and helps clients retitle, reorganize, or restructure assets so they align with the family’s goals.
Still Wondering About Estate Assets Subject to Probate? Contact Tony Franceschi at Capital City Wills & Trusts, PC, Today
Assets end up in probate for straightforward reasons: they’re titled only in the decedent’s name, they lack beneficiary designations, or someone failed to transfer them into a trust. Sacramento attorney Tony Franceschi focuses on finding and resolving those problem points. He reviews deeds, account registrations, and estate documents line by line to determine exactly what would go through probate under current law and what needs to change to keep the estate out of court.
Tony is a State Bar Certified Specialist in Estate Planning, Trust, and Probate Law, and he builds plans that function when families need them in real time. He also provides house calls, hospital visits, and same-day or 24-hour document preparation when health or timing demands immediate action. Contact Tony at Capital City Wills & Trusts, PC to create an estate plan that avoids court involvement and transfers property as you intend.
Frequently Asked Questions About Probate Assets in California
Which Assets Must Go Through Probate in California?
Assets must go through probate when they remain titled solely in the decedent’s name and lack a beneficiary, joint owner, or trust. Common examples include individually owned real estate, bank accounts without pay-on-death designations, and personal property not assigned through other legal mechanisms.
Which Assets Avoid Probate Automatically?
Assets avoid probate when they transfer by operation of law or contract. These include assets held in a revocable living trust, joint tenancy property, retirement accounts with beneficiaries, life insurance proceeds, and pay-on-death or transfer-on-death accounts.
How Do Beneficiary Designations Affect Probate Requirements?
A valid beneficiary designation removes an asset from probate, even if a will says otherwise. Problems arise when designations are outdated, incomplete, or conflict with the overall estate plan, which can lead to court involvement or disputes among heirs.
Do California Small Estate Procedures Apply to All Assets?
No. California’s small estate procedures apply only to qualifying assets with a value below the statutory threshold and exclude certain property categories. Real estate and higher-value assets often require separate petitions or full probate, depending on title and ownership structure.
Does Having a Will Change What Goes Through Probate?
A will does not prevent probate. It only directs the court on how to distribute probate assets. Assets that remain outside a trust or lack beneficiary designations still require court supervision, even when a valid will exists.
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