A plain‑language explainer of when probate is required, and when it might not be
One of the first scary words people hear after a death is “probate.”
You might hear:
- “This has to go through probate.”
- “We need Letters from the court.”
- Or the opposite: “No probate because there’s a trust.”
So…which is it?
Let’s slow this down and answer the question your brain really wants to know:
“Do we actually need probate in this specific situation?”
What is probate, in normal language?
Probate is the court process that:
- Confirms a will (if there is one)
- Officially appoints someone to be in charge (executor / personal representative)
- Makes sure debts and taxes are addressed
- Oversees how what’s left is distributed under the will or, if there is no will, under state law
Think of probate as the court saying:
“We recognize this person is in charge, and here is the official process to wrap things up.”
You likely need probate if…
The person owned real estate in their own name
- Example: a house in their name alone (not in a trust, and not in joint tenancy with right of survivorship)
There’s no trust and the total assets exceed certain thresholds
- California has specific dollar limits for “small estates” that may avoid formal probate
- If the estate is over that limit, formal probate is often required
A bank, title company, or financial institution insists on “Letters” from the court
- This usually means they need official court authorization to deal with the account or property
There’s a will that leaves assets to people, but those assets are still titled in the person’s individual name
- The will alone usually isn’t enough to move title; the court process is what makes it official
There is no will at all (intestate), and there are assets that don’t have beneficiaries
- In that case, state law decides who inherits, but probate is how that actually happens
You might not need probate if…
Most assets are in a trust
- Properly funded trusts are generally administered outside of court
- The trustee (not a judge) follows the trust instructions
Assets have clear beneficiary designations
- Life insurance, many retirement accounts, and some bank or investment accounts pass directly to named beneficiaries
Real estate is held in certain forms of joint ownership
- For example, some forms of joint tenancy or community property with right of survivorship may avoid probate at the first death
The total estate is small enough to qualify for a simplified procedure
- California allows certain “small estate” procedures that are faster and cheaper than full probate
The person owned very little in their name alone
- Sometimes, there simply isn’t enough in the estate to require formal court involvement
When things are mixed (which is very common)
Real life doesn’t fit neatly into “probate” or “no probate.”
You might have:
- A partially funded trust
- Some accounts with beneficiaries and others without
- A home in the person’s name but smaller bank accounts
- Family members already disagreeing about what should happen
In those cases, the real question is:
“What is the simplest, safest path to handle all of this correctly?”
That’s where a short consult can save you time, money, and stress.
Why figuring this out early matters
Your brain is trying to solve several problems at once:
- “What is my role in this?”
- “How much time and money is this going to take?”
- “Am I going to get blamed if I do this wrong?”
Knowing whether probate is required or if there’s a simpler path:
- Lowers your anxiety
- Helps you set realistic expectations with family
- Keeps you from wasting energy on the wrong process
You don’t have to guess
You are not expected to know the full legal picture from day one.
You just need:
- A list (even a rough one) of what the person owned
- Any will or trust you can find
- Any letters or demands from banks, courts, or others
From there, an attorney can look at the pieces and tell you:
- Whether probate is required
- Whether a trust administration or small‑estate process is enough
- What your next 2–3 steps should be
