Going through the probate process can be daunting, especially since it involves a lot of paperwork and can require a thorough understanding of what probate proceedings typically look like. If this is your first probate experience, hiring an experienced probate attorney can positively impact the experience and outcome of your case.

Does All The Property Of A Deceased Individual Have To Go Through Probate?

No, not all property of a deceased individual must go through probate. Probate is only necessary if a decedent's assets exceed a specific financial threshold, the estate holds property, or the deceased individual does not have a living trust. .

The hierarchy of asset distribution begins with assets held in joint tenancy, which are passed on to the surviving owner. If real estate is held as community property, it generally does not have to go through probate either. Any financial asset that names a beneficiary, such as with a bank or brokerage account, does not have to go through probate. Any property held in trust will bypass probate as well.

How Can You Avoid Probate?

There are a few options to consider when trying to avoid the probate process. One is to plan your estate thoroughly with wills and trusts. Doing so lets you specify who should receive what assets, which can help your loved ones avoid a lengthy probate process after you pass.

In addition, if the decedent's assets are less than the specified threshold or their real estate property does not exceed a particular amount, their assets are transferable using an affidavit.

Additionally, some states allow certain accounts, such as bank accounts and retirement plans to be transferred "by operation of law," meaning they pass directly to a designated beneficiary without going through probate.

What are Some of the Obstacles Faced In The Probate Process?

When it comes to the probate process, there are a few obstacles you may face. You can run into issues with creditors or heirs of the estate for failing to follow through with the duties. Other factors that can make filing a probate petition more difficult include the following:

• Multi-state probates
• Real estate located in another state
• Contested wills or other disputes over the decedent's assets
• Business paperwork or transactions which require additional processing time

Contact a Probate Attorney Today

When filing a probate petition in California, it is always best practice to consult a San Diego probate attorney before making any decisions. Depending on the size and value of the decedent's estate, an attorney can help you determine whether or not filing a probate is necessary or if some assets can be transferred via a simple affidavit.

‍Sole Law, APC is committed to helping you understand how to handle all matters related to your decedent's estate. Contact Sole today for a consultation and get started with your probate case.