Losing a loved one is difficult, and dealing with legalities like probate can make it even harder. In California, probate can take over a year or more and can be very expensive. Fortunately, there are ways to avoid it by using the strategies below:

1. Living Trusts: Create a living trust, a legal way to hold onto your assets while you’re alive, specifying who/where your assets will go.
2. Joint Ownership with Rights of Survivorship: Share ownership of property or bank accounts with someone you trust. When one owner passes, the other automatically gets their share. It’s important to set this up right to make sure things go smoothly.
3. Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations: For bank accounts, stocks, or cars, you can name who will own them after you’re gone. This skips probate and goes straight to your chosen person.
4. Small Estate Affidavits: If the decedent’s estate is $184,500 or less, California has a simpler way to claim assets, a small estate affidavit, which helps heirs get what they’re supposed to without a big probate process. The threshold amount increases periodically; $184,500 is the amount in 2024.
5. Gifts and Spendthrift Trusts: Give away your assets while you’re alive to lower your estate’s value. Setting up spendthrift trusts for your loved ones can also protect your assets from creditors and probate.
6. Get Legal Help: Probate laws can be confusing, especially when you’re grieving. At Widlast Legal, our estate planning attorneys will find the best plan for you. We can help guide your family through the difficult process after a loss. Each situation is different, so think about your assets, your family, and what you want to happen. Taking these simple steps now can make life easier for everyone when the time comes.