Probate in California is public, slow, and expensive; a $1,000,000 estate alone can generate $46,000 in combined statutory fees. The good news is that with the right planning, most or all of an estate can bypass probate entirely. Here are seven strategies California residents commonly use.

1. Create a Revocable Living Trust

This is the most comprehensive solution. Assets titled in the name of your trust pass directly to your beneficiaries through the successor trustee you name, without any court involvement, and remain private rather than becoming part of the public record.

2. Use Transfer-on-Death (TOD) Deeds for Real Estate

California allows homeowners to record a Revocable Transfer on Death Deed, naming a beneficiary who automatically receives the property upon death, outside of probate.

3. Add Payable-on-Death (POD) Designations to Bank Accounts

Most banks let you name a POD beneficiary on checking, savings, and CD accounts at no cost. The funds transfer directly to that person with just a death certificate.

4. Use Transfer-on-Death Registration for Vehicles and Securities

California’s DMV and many brokerages allow TOD registration, letting vehicles and investment accounts pass outside probate the same way bank accounts do.

5. Hold Property in Joint Tenancy

Adding a co-owner as a joint tenant with right of survivorship means the surviving owner automatically takes full title when the other passes, without probate. This approach has trade-offs (including gift tax and liability exposure) worth discussing with an attorney first.

6. Name Beneficiaries on Life Insurance and Retirement Accounts

Life insurance policies and retirement accounts (401(k)s, IRAs) transfer directly to named beneficiaries and never enter probate, as long as the beneficiary designation is current.

7. Use California’s Small Estate Affidavit

If the total estate value falls under the current threshold ($208,850 for deaths on or after April 1, 2025), heirs can use a simplified affidavit process instead of formal probate.

Which Strategy Is Right for You?

Most well-designed California estate plans combine several of these tools rather than relying on just one. A revocable living trust paired with a “pour-over” will and updated beneficiary designations covers nearly every asset type.

Michael Kerr can review your assets and build a plan that keeps your family out of probate court entirely.