How to Avoid Probate in California: 5 Ways

You can keep assets out of California probate with a living trust, a transfer-on-death deed for real estate, pay-on-death and beneficiary designations, joint tenancy or community property with right of survivorship, and the small-estate affidavit for estates of $208,850 or less.

Probate in California is slow and expensive — the statutory fees alone can run tens of thousands of dollars. The good news: most assets can be set up to skip probate entirely. Here are the five main ways.

1. A revocable living trust

The most comprehensive option. Assets titled in a living trust pass to your beneficiaries through the successor trustee without probate. Best when you own real estate or have a larger estate.

2. Transfer-on-death (TOD) deed for real property

A revocable TOD deed (Prob. Code §5600 et seq.) lets you name a beneficiary for certain residential real estate; title transfers automatically at your death, outside probate, and you can revoke it any time. Note the law is currently authorized through 2031 (it repeals January 1, 2032 unless the Legislature extends it again) — deeds recorded before repeal remain valid.

3. Beneficiary designations & pay-on-death accounts

Retirement accounts, life insurance, and pay-on-death (POD) or transfer-on-death (TOD) bank and brokerage registrations pass directly to the named beneficiary outside probate. Keeping these designations current is the simplest, cheapest probate-avoidance step.

4. Survivorship title

Property held in joint tenancy or as community property with right of survivorship passes to the surviving co-owner automatically at death — no probate. (Be cautious: adding a joint owner has gift, tax, and creditor consequences.)

5. Small-estate procedures

If the estate is small enough, no formal probate is needed at all. For deaths on or after April 1, 2025, estates of $208,850 or less can use the small estate affidavit for personal property.

No single tool fits everyone, and probate-avoidance has tax and control trade-offs. If you’d like to be matched with a local attorney to set this up, connect with a lawyer.

Frequently asked questions

What is the easiest way to avoid probate in California?

For most people it's a revocable living trust (for the whole estate) plus beneficiary designations on accounts. For a single home, a transfer-on-death deed can work; for small estates, the affidavit procedure avoids formal probate.

What is a transfer-on-death deed in California?

A revocable TOD deed (Probate Code §5600 et seq.) lets an owner of certain residential property name a beneficiary who takes title automatically at death, outside probate. It's revocable during life. The law is currently authorized through 2031 (it repeals January 1, 2032 unless extended); deeds made before then stay valid.

Does joint tenancy avoid probate?

Yes. With joint tenancy (or community property with right of survivorship), the surviving owner takes title automatically at death, outside probate.

What estate size can skip probate in California?

For deaths on or after April 1, 2025, an estate of $208,850 or less in gross value can often use the small-estate affidavit for personal property instead of formal probate.

Related guides

California Wills: Requirements & How They Work To make a valid California will you must be at least 18 and of sound mind, and the will must be in writing and signed. A typed will also needs two witnesses who are present at the same time; a fully handwritten (holographic) will needs no witnesses.

Powers of Attorney & Advance Health Care Directives in California A durable power of attorney lets someone manage your finances if you become incapacitated, and an advance health care directive lets someone make medical decisions and records your wishes. Signing both ahead of time can spare your family a court conservatorship.

Revocable Living Trusts in California A revocable living trust holds title to your assets during life (you stay in control), then passes them to your beneficiaries through a successor trustee at death — without probate, because trust-titled assets aren't part of the probate estate.

Will vs. Living Trust in California The core difference: a will still goes through probate, while a revocable living trust avoids it. A will is simpler and cheaper to set up; a trust costs more up front but saves your family the time, cost, and publicity of probate — which matters most if you own real estate.

How to Avoid Probate in California