Probate FAQ
You’ve heard that you should avoid probate -- but why? Here are the basics.
What is probate?
How does the probate process work?
» Does all property have to go through probate when a person dies?
Who is responsible for handling probate?
Should I plan to avoid probate?
Does all property have to go through probate when a person dies?
No. Most states allow a certain amount of property to pass free of probate or through a simplified probate procedure. In California, for example, you can pass up to $100,000 of property without probate, and there's a simple transfer procedure for any property left to a surviving spouse.
In addition, property that passes outside of your will -- say, through joint tenancy or a living trust -- is not subject to probate. For a discussion of the most popular probate-avoidance methods, see Ways to Avoid Probate.
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