When is probate necessary in Riverside County, California?

• The Law: California law sets a threshold for “small estates.” As of early 2024, if the total gross value of a person’s probate assets is more than $184,500, formal probate is generally required.
• What This Means: You must calculate the value of all assets that were held solely in the deceased person’s name and do not have a designated beneficiary or a “right of survivorship” (see exceptions below). If this total surpasses the threshold, a probate case must be filed.

2. The Deceased Person Owned Real Estate in Their Name.

• The Law: If the deceased person owned real property (such as a house, land, or a condominium) in Riverside County in their name alone, and the value of that property exceeds the small estate threshold, probate is required.
• What This Means: Even if the total value of all other assets is below the legal limit, owning a house or land in one’s name usually necessitates a probate case to legally transfer the title to the rightful heirs.

3. The Deceased Person Only Had a Will.

• The Law: A will is a set of instructions for a probate judge; it does not transfer assets on its own. If the deceased’s only estate planning document was a will and the estate meets the value criteria above, the will must be “probated” to be legally enforced.
• What This Means: The court will review the will to confirm its validity, appoint the named executor, and supervise the distribution of assets as the will directs.

4. The Estate Exceeds the Threshold and There is No Will.

• The Law: If a person dies without a will (known as dying “intestate”) and their probate assets exceed the small estate threshold, the court must open a probate case to manage and distribute the assets.
• What This Means: In this scenario, the court appoints an administrator (often a close family member) and distributes the assets according to California’s laws of intestate succession, which specify the legal heirs.

• Assets in a Living Trust: If all assets were properly transferred into a living trust during the person’s lifetime, the trust administrator can distribute them without court supervision.
• Joint Tenancy or Community Property with Right of Survivorship: Property owned in this way, such as a house owned by a married couple, automatically transfers to the surviving owner upon death.
• Assets with a Designated Beneficiary: Assets like life insurance policies, retirement accounts (401k, IRA), and bank accounts with Payable-on-Death (POD) or Transfer-on-Death (TOD) designations pass directly to the named beneficiary.
• Small Estates: As noted above, if the total value of the probate assets is below the California threshold, a simplified process, such as a small estate affidavit, can be used to transfer the property without a formal probate case.