A: To avoid probate in California the estate must be worth less than $166,250.
4% on the first $100,000 of the estate's value. 3% on the next $100,000. 2% on the next $800,000.
Trusts: If the deceased had a trust, you will not need to go through probate. Trusts are created to allow the deceased's family and friends to inherit without having to go through the long and expensive probate process.
How Can You Avoid Probate in California? You can hold your assets in a revocable or irrevocable living trust. You can gift property to others while you are alive. You can title assets in joint tenancy with another person.
You can transfer property without opening probate if the estate is valued under a set amount. That amount changes every few years and is based on the year the person passed away. You can find the latest limits in Maximum Values for Small Estate Set-Aside & Disposition of Estate Without Administration (form DE-300).
You can complete probate on your own, but an attorney can make the process easier.
States the courts decision (order) appointing the personal representative of an estate (the executor of the deceased person's will or the administrator appointed by the court to manage the estate of a deceased person who did not have a will) and listing powers and responsibilities of the representative.