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Is California Probate Always Necessary?

Alisya Clayton • May 25, 2013

According to the California Probate Code, generally property that passes through a Will is subject to the probate process. On the other hand, generally property that is held in a Trust is not subject to the probate process. When property is put into a Trust, the Trust owns the property. At your death, the property stays in the Trust, and the person you name as successor Trustee will distribute the property according to the instructions you put in your Trust.

In California, all estates are divided between small estates and large estates. Small Estates go through Small Estate Administration. A Small Estate has either: (1) a net value of less than $150,000 or (2) less than $20,000 in real estate. A Small Estate Administration is faster and cheaper to settle than a large estate.

Contact a Los Angeles, Orange County, or Inland Empire Small Estate Administration Lawyer. To arrange a free initial consultation with an experienced California Probate Attorney, contact my office at (310) 498-0707.

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