Probate is often one of the most frustrating parts of dealing with a loved one’s estate. It can be slow, costly, and emotionally taxing—especially in California, where court fees and delays are common. The good news is that with the right planning, many of your assets can pass directly to your heirs without going through probate at all.
At Law Offices of Terrence Fantauzzi, we work with individuals and families across Southern California to build estate plans that reduce the burden on loved ones and avoid unnecessary legal complications. If you want to keep your estate out of probate court, here are some strategies to consider.
Understanding Why Probate Happens
Probate is the court-supervised process of validating a will (if there is one), settling debts, and distributing a person’s assets after death. In California, if you die with more than $184,500 in assets that aren’t automatically transferred to a beneficiary or co-owner, your estate may be required to go through probate.
This process can take several months—or even years—and reduce the value of your estate due to legal and administrative costs. That’s why many people look for ways to structure their assets so they bypass probate entirely.
Strategy 1: Create a Revocable Living Trust
A revocable living trust is one of the most powerful tools for avoiding probate. When you place your assets into a trust, you technically no longer own them—the trust does. However, you still control them during your lifetime. Upon your death, the trustee you’ve named can distribute the assets directly to your beneficiaries without court involvement.
Trusts are especially useful for:
- Real estate
- Bank accounts
- Investments
- Business interests
They also offer privacy, since trust administration happens outside of public court records.
Strategy 2: Use Beneficiary Designations
Some financial accounts allow you to name a beneficiary who will receive the funds upon your death. These include:
- Life insurance policies
- Retirement accounts (like IRAs and 401(k)s)
- Transfer-on-death (TOD) investment accounts
- Payable-on-death (POD) bank accounts
As long as the beneficiary information is up to date, these assets pass directly to the named individual without the need for probate.
Strategy 3: Hold Property Jointly with Right of Survivorship
If you own property—such as a home or bank account—with someone else, you can title it as “joint tenancy with right of survivorship.” When one owner dies, the other automatically inherits the asset. No probate is required.
However, joint ownership can come with complications, especially in blended families or business arrangements. It’s best to speak with an attorney before adding someone to your assets for the purpose of estate planning.
Strategy 4: Make Use of Small Estate Exemptions
If your estate is valued below California’s probate threshold of $184,500, your heirs can use simplified procedures to claim your assets. This is often done through an affidavit or summary process, without needing full probate.
That said, estate values can change over time, so it’s still wise to have a long-term plan that accounts for future asset growth.
Work With a Professional to Avoid Mistakes
Trying to DIY your estate plan can lead to serious problems, especially if documents are missing, outdated, or improperly executed. An experienced estate planning attorney can help you:
- Identify which assets are subject to probate
- Draft a valid trust or will
- Coordinate beneficiary designations and asset titles
- Minimize potential estate taxes
- Ensure your wishes are carried out smoothly
At Law Offices of Terrence Fantauzzi, we take the time to understand your family, your goals, and your financial picture so we can craft a plan that makes sense for you.
Schedule Your Estate Planning Consultation Today
Don’t leave your family with the stress and expense of probate. Call Law Offices of Terrence Fantauzzi at (909) 552-1238 to schedule a consultation—either in person or via video conference—and take the first step toward protecting your legacy.
