Does a Will Require Probate in California? A Thanksgiving Guide to Simplifying Estate Planning
As we gather with loved ones to celebrate Thanksgiving and reflect on the blessings in our lives, it’s also a good time to think about how we can pass those blessings on to future generations. A common question that comes up in estate planning is whether the items listed in a will must go through probate. Let’s serve up some answers with a Thanksgiving twist!
What Is the Small Estate Affidavit Procedure?
In California, probate can be required to distribute a person’s assets after they pass, but not every estate has to go through this process. For smaller estates, a simpler option called the small estate affidavit procedure is available, which helps bypass probate.
Here’s how the process works:
- For decedents who passed on or after April 1, 2022: The threshold for using the small estate affidavit is $184,500.
- For decedents who passed before April 1, 2022: The threshold was $166,250.
If the total value of the estate is below these amounts, successors can use this procedure to collect personal property without formal probate. It’s like skipping the long preparation and heading straight to dessert!
What Assets Are Excluded from Probate?
Some assets are “pre-prepped” and don’t need to go through probate, no matter the estate’s total value. These include:
- Joint Tenancy Property: Assets that automatically pass to the surviving owner(s).
- Trust-Held Assets: These are already “served up” according to the terms of the trust, avoiding probate entirely.
- Beneficiary-Designated Accounts: Like a personalized place setting at the Thanksgiving table, these accounts transfer directly to the named beneficiaries.
These exclusions make it easier to share the estate’s “feast” with loved ones without added hassle.
Special Rules for Vehicles and Boats
In California, vehicles and boats have their own streamlined transfer process—think of them as the Thanksgiving leftovers you don’t need to cook again.
- If the decedent left no other property requiring probate, vehicles and boats can be transferred directly to the successor by presenting the proper documents to the DMV.
- These items are also excluded from the estate’s total value calculation when determining whether probate is necessary.
Key Points About Simplified Transfers
If the estate qualifies as a small estate under the threshold, the affidavit procedure offers a simpler way to collect and transfer property. This process is available for personal property, including vehicles and boats, and can save both time and effort.
Thanksgiving Takeaways
- Small Estate Thresholds:
- $184,500 for decedents who passed on or after April 1, 2022.
- $166,250 for decedents who passed before April 1, 2022.
- Excluded Assets:
Joint tenancy property, trust-held assets, and beneficiary-designated accounts bypass probate. - Vehicle and Boat Transfers:
These items can often be handled outside probate with a few simple steps. - Affidavit Procedure:
Simplifies the transfer of property for estates below the small estate threshold.
This Thanksgiving, as you enjoy turkey, pie, and time with loved ones, take a moment to reflect on your estate plan. By planning ahead, you can help your family avoid unnecessary stress and keep their focus on what matters most—spending time together and creating cherished memories.
Wishing you a happy and peaceful Thanksgiving!
