Probate FAQ

Does all property have to go through probate when a person dies?

Related Ads

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.

Create Your Estate Plan

Get Started with Quicken WillMaker Plus!

Everything you need to create a complete estate plan:

  • Write a legally valid will
  • Avoid probate with Nolo's Living Trust
  • Create a health care directive
  • Create a durable power of attorney
  • Prepare executor documents
  • Save on attorneys fees

Find an Estate Planning Lawyer

Related Ads
LA-NOLO4:CM1.2.1.1.20150623.32264+