Discover the essentials of probate court and how the probate of a will works. Expert attorney Jim Cunningham guides you through the intricacies of probate court, explaining how the probate process works and what it means for executors and beneficiaries alike. His session is vital for anyone facing estate administration, equipping you to navigate the complexities with confidence.
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What is Probate? Unmask the Hidden Threat to Your Estate!
James L. Cunningham Jr., is CEO, Partner, and a Certified Specialist in Estate, Trust, and Probate Law at CunninghamLegal. A well-known speaker and YouTube educator, Jim is the author of the bestselling book, Savvy Estate Planning: What You Need to Know Before You Talk to the Right Lawyer.
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California Probate FAQ: Common Questions Answered
Do I need probate if there’s a Will in California?
Yes. A Will does not avoid Probate. A Will simply tells the Probate Court who you want to inherit. The judge still has to validate it, debts must be paid, and the estate must move through the full Probate process. If you only have a Will, your heirs are still headed to court.
What is the California probate threshold?
For deaths on or after April 1, 2025, Probate is generally required if the estate is worth more than $208,850. This amount applies to personal property not otherwise passing by beneficiary designation.
When can I use the California Small Estate Affidavit?
If the estate is under $208,850 (as of April 2025) and does not include real estate, heirs can use a Small Estate Affidavit after waiting 40 days. This shortcut does not apply once a Probate case is open. Read more on the California Courts Self-Help website.
What is the Petition to Determine Succession to Real Property?
For deaths after April 1, 2025, a Petition may be used for a primary residence valued at up to $750,000. But it still involves court filings, notice, appraisals, and a hearing. It is a simplified Probate, not an escape from Probate.
James L. Cunningham Jr., is CEO, Partner, and a Certified Specialist in Estate, Trust, and Probate Law at CunninghamLegal. A well-known speaker and YouTube educator, Jim is the author of the bestselling book, Savvy Estate Planning: What You Need to Know Before You Talk to the Right Lawyer.