What you need to know about California probate and how to avoid it.

Recently, we’ve been receiving some questions about the probate process in California, how long it takes, and how to avoid it. Today, we will be answering some of your most common questions and giving you a general overview of what probate is in the context of California real estate.

Let’s first define what probate is. Probate is a court process that validates a will and distributes a deceased person’s assets to their beneficiaries. In California, probate can take a long time to complete, taking an average of 12 to 18 months to settle. It is usually expensive, with costs reaching tens of thousands of dollars, depending on the size and complexity of the property.

Since probate is costly and time-consuming, many are curious about how to avoid it. The most common way to avoid it is through a revocable living trust. With a properly funded trust, your assets bypass the legal probate process, saving time and money for your beneficiaries. In addition to that, a trust can help prevent conservatorship.

“Probate is a very long and costly process that you want to avoid as much as possible. ”

Conservatorship is another legal process where a court appoints someone to manage the finances of someone who can no longer do so themselves. Meaning that when someone without a trust becomes incapacitated, a conservatorship can happen. The parties involved must go through the court process to have their estate supervised. Even spouses need court approval to manage the estate of an incapacitated partner, which can also be a lengthy and stressful process for the surviving spouse, especially for children who are looking after a parent or a relative.

The bottom line is that probate is a very long and costly process that you want to avoid as much as possible. We encourage you to consult with an attorney and create a trust to avoid the probate process and protect you from conservatorship. Just a reminder that even though we have experience with situations involving probate, we are Realtors by profession. So, if you have specific questions about your estate, or creating a trust, talking with your trusted attorney is the best approach.

If you need a referral to a reliable local trust attorney, reach out to us by phone or email, and we’ll be happy to connect them with you.