What Is Probate, and Why Avoid It?

By Jay S. Yu, Esq., Yu & Yu Law, Fullerton, California · Last reviewed October 2026

Probate is the California court process for proving a will, paying debts, and transferring a deceased person’s property. It is expensive, public, and slow, and a will alone does not avoid it. The most common way to avoid probate is a funded revocable living trust, supported by beneficiary designations and the right way of holding title.

Probate is a court proceeding in which the validity of a will is proven, assets are distributed, title is cleared, and debts are paid.

This all sounds like a good and proper thing to do. So why avoid it?

Why Avoid Probate?

Probate is (1) expensive, (2) public, and (3) time consuming.

• Expensive: On a $1.5 million estate, the statutory fees for the estate’s attorney and personal representative alone total $56,000 (Probate Code sections 10800 and 10810, as of 2026), before court costs, appraisal fees, and any extraordinary fees. Those fees are based on the gross value of the estate, not what is left after the mortgage.

• Public: Probate proceedings are held in open court. This is how the public learns every detail of the wills left behind by famous people.

• Slow: Probate proceedings often take 6 to 18 months or longer to finish. During that time, assets can be frozen, and family members can be left without cash while their expenses continue.

Does a Will Avoid Probate?

No. Having a will is a great start to an estate plan, but it is not enough. A will needs to be probated, which can diminish the value of your estate, sometimes substantially, to the detriment of your heirs.

A will names who receives your property and, if you have minor children, who will raise them. But the court still oversees the transfer, with the same statutory fees and delays described above. Even a pour-over will that sends assets into a trust may need probate for anything left outside the trust.

A proper estate plan includes a will, a trust, a healthcare directive, a power of attorney, and other documents that make it easier for your loved ones to cope with your unexpected incapacity or death. These same documents can help your loved ones save money on costs, fees, and potential taxes, and can prevent an unnecessary conservatorship.

How Do You Avoid Probate in California?

• A funded revocable living trust: Title your home and major accounts in the name of your trust. After your death, your successor trustee transfers them under your instructions, without court involvement.

• Beneficiary designations: Retirement accounts, life insurance, and payable-on-death or transfer-on-death accounts pass directly to the beneficiaries you name.

• Joint tenancy or community property with right of survivorship: Property held this way passes to the surviving owner without probate.

• Small estate procedures: As of 2026, if the probate estate totals $208,850 or less, heirs can often collect it with a small estate affidavit, and a primary residence worth up to $750,000 may pass through a simplified court petition (Probate Code sections 13100 and 13151, amounts effective April 1, 2025).

Each tool has limits. Beneficiary designations and joint tenancy can bypass your other instructions, and small estate procedures help only smaller estates. For most California homeowners, the trust is the center of the plan, and the other tools are coordinated with it. If a family member has already passed away, read whether you need a probate lawyer.

How I Can Help

By setting up a proper estate plan, you can have your assets bypass probate and make sure your loved ones inherit your property without the consequences of probate. As an estate planning attorney, I can help you by:

• Preparing a trust, will, and other estate planning documents to protect your estate and family.

• Reviewing your financial documents to confirm whether they may already bypass probate, including life insurance, IRAs, payable-on-death accounts, and others.

• Recommending specific forms of property titling to bypass probate for your situation.

Contact my office today for a free consultation about your own personalized estate plan. My plans are prepared under a flat fee quote, and many clients are surprised at how easy the process is.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change frequently and there is no guarantee that the information in this article will be applicable or correct when you read this. You should consult with an attorney to discuss your specific situation. This article discusses California law; Jay S. Yu is licensed to practice in California.