The Probate Process

Probate can be long and challenging. The whole process can last a year or more. While the sale of any real property may be completed in as little as 4 months, the final resolution of the probate case, and the distribution of assets to the heirs, could be 12 to 24 months away. The best option is to avoid probate with proper estate planning. There are nine possible exceptions to avoid a probate sale. 

1. Title to the property is listed in a living trust.
2. The property is held as Joint Tenancy, and there is a surviving Joint Tenant.
3. Spouses hold the real estate as Community Property, and one spouse survives. However, there are some cases where probate may be necessary.
4. When spouses hold title as Community Property with Right of Survivorship, and there is a surviving spouse.
5. In California we now have a Revocable Trust on Death. Property transfers to the beneficiary. But the deed is limited to specific property and size/
6. A Spousal Petition may be filed in some cases where the property was acquired during the marriage.
7. A Heggstad Petition may be filed if the property was not in a trust but the intent is clearly shown.
8. If the value of the real property is less than $61,500, an Affidavit RE Real Property of Small Value may be filed.
9. When the property value is between $61,500 and $184,500* a Petition to Determine Succession to Real Property may be filed.

*These values are correct as of 2024.

If you must start probate to sell real estate, the below image shows the main points in the process. If you have any questions please reach out to me, or an attorney if its a question of law.