What means exist to avoid probate?

For any given estate plan, estate planning attorneys usually use more than one method to avoid probate. Joint tenancy assets or assets held in community property with right of survivorship do not go through probate. Similarly, transfer-on-death or pay-on-death accounts are not subject to probate so long as there is a designated beneficiary. An IRA is an example of a pay-on-death account, because it will pass pursuant to the beneficiary designation you have on file with the custodian. Assets held in a trust bypass probate. All of these options, of course, have advantages and disadvantages. You should work with your attorney to devise a comprehensive estate plan using some or all of these probate-avoidance techniques.

Once someone dies, the California Probate Code contains procedures that can be used in lieu of probate if the “estate” as defined in the Probate Code is worth $150,000 or less. Procedures include a small estates affidavit, a Petition to Determine Succession to Property, and an Affidavit Procedure for Real Property of Small Value.

The Probate Code also allows a surviving spouse to file a Spousal Property Petition to transfer ownership of property from the deceased spouse to the surviving spouse. This petition may be filed without regard to the value of the estate.