Probate FAQ

You've heard that you should avoid probate -- but why? Here are the basics.

Related Ads
Need Professional Help? Talk to a Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Questions:

Answer:

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 Nolo's article How to Avoid Probate.

Nolo Can Help You Avoid Probate

Explore your options, make a probate-avoidance living trust, or get help from a lawyer
Nolo's Online Will Even if you use other techniques to avoid probate, you still need a valid will. Here you'll get guidance at each step, as well as detailed instructions on signing and storing your will. Start creating your will now.
Nolo's Online Living Trust We'll take you through a step-by-step interview, asking all necessary questions and explaining legal issues along the way. Start creating your living trust now.
8 Ways to Avoid Probate, by Mary Randolph A complete rundown of your probate-avoidance options, with state-by-state information about your options. Buy the book.
Talk to a Lawyer If you have questions about your situation or a thorny estate planning issue, get advice from an estate planning lawyer.
LA-WS5:0.9.17.120208.12696+