Who Has to Go Through Probate in California?

Not every estate in California has to go through probate, and that’s where many families get confused. The general rule is this: if the deceased person owned assets solely in their name (with no co-owner or beneficiary designation), those assets usually need to pass through probate. Real estate, bank accounts without a beneficiary, and certain personal property are the most common examples.

If someone left behind only a modest amount of property, California offers “simplified” probate procedures. As of 2025, estates under a certain value threshold (which changes slightly over time) may qualify for what’s called a small estate affidavit. This allows heirs to transfer assets without a full court case, saving time and money.

However, if the deceased owned real estate in California, probate is almost always required, regardless of estate size. Even if there’s a will, the court must validate it and make sure the executor follows proper steps. This is a surprise to many people who believe that a will avoids probate altogether.

Joint ownership and beneficiary designations are two big exceptions. For example, if a home is owned in joint tenancy with right of survivorship, the surviving owner automatically inherits it outside probate. Similarly, life insurance, retirement accounts, or bank accounts with named beneficiaries pass directly to those individuals.

So, who has to go through probate in California? The answer depends on how assets are titled and whether planning was done ahead of time. Families dealing with probate often discover that planning can make all the difference in whether court involvement is necessary.