How to Avoid Probate in California

Non-probate options in California include: revocable transfer on death deeds for real property (Cal. Prob. Code § 5600 and following); joint accounts and payable-on-death (P.O.D.) accounts, which pass to the survivor or payee (Cal. Prob. Code § 5302); transfer-on-death registration of securities (Cal. Prob. Code § 5500 and following); a vehicle title in beneficiary ("TOD") form with one owner and one beneficiary, for a $10 fee (Cal. Veh. Code §§ 4150.7, 5910.5); joint tenancy with right of survivorship; property in a funded revocable trust (Cal. Prob. Code § 15400); and the small estate affidavit for estates up to $208,850 for deaths on or after April 1, 2025 (Cal. Prob. Code § 13100).

Personal property (such as bank accounts and stocks) can be collected with a small estate affidavit if the gross value of the person's California real and personal property is $208,850 or less (deaths on or after April 1, 2025; $184,500 for deaths April 1, 2022 – March 31, 2025; $166,250 for earlier deaths) and at least 40 days have passed since the death. Cars, boats, mobile homes, out-of-state real estate, trust property, joint tenancy property, property passing to a surviving spouse, assets paid to named beneficiaries, multi-owner accounts, and up to $20,875 of unpaid wages are not counted. Debts and mortgages are not subtracted. No probate case can be open unless the personal representative consents. The affidavit is used for personal property, not real estate; notarization is not legally required but many institutions ask for it.

Yes. A revocable transfer on death deed can pass residential property to named beneficiaries at death. It must be signed and dated by the owner, signed by two witnesses who were present at the same time, notarized, and recorded with the county recorder within 60 days after it was notarized. It does not need to be delivered to or accepted by the beneficiary during the owner's life. The law sets out the form to use (Prob. Code § 5642).