Detailed Answer — How California handles transferring real property under a will (when you want to avoid full administration)

Short answer: In California, real property that passes under a will most often requires probate (a court-supervised process) to change title into the beneficiary’s name. California offers some alternatives that avoid full probate for certain situations (for example, transfer-on-death deeds, joint tenancy, trusts, or limited small‑estate procedures), but these alternatives must already be in place at the decedent’s death or meet specific legal tests. This article explains the common paths, the usual courthouse steps if probate is needed, and practical options to consider.

What “avoiding full probate” typically means

People often look for ways to transfer a house or other real property without going through a full probate administration (which can take months and involve court filings, notices to creditors, and inventories). In California, the most reliable ways to avoid full probate for real property are:

Ownership with rights of survivorship (joint tenancy or community property with right of survivorship).
A revocable trust (the trust instrument already names the successor and the trustee can transfer title without probate).
A transfer-on-death deed (beneficiary deed) recorded before death under California law.

If none of these exist, a will alone generally requires opening a probate case to change title to real property.

Key California statutory resources and guides

General California probate information and self-help: California Courts — Probate Self-Help.
Transfer-on-death deed (statutory framework): California Probate Code §5600 et seq.: Prob. Code §5600.
Summary/small-estate proceedings and related provisions: see California Probate Code sections for summary probate procedures: California Probate Code (searchable). (For specifics, consult the sections on small-estate and summary proceedings applicable to your circumstances or your attorney.)

When probate is usually required for real property

Probate is usually required when:

The decedent owned the property in their sole name (no joint owner, no living trust, no recorded transfer-on-death deed).
The property must be transferred under the terms of the decedent’s will (the will names a beneficiary but does not itself change title).

When probate is required, the usual courtroom steps are:

File a petition to admit the will to probate and to appoint a personal representative (executor) in the county where the decedent resided. The petition asks the court to validate the will and appoint someone to act for the estate.
The court sets a hearing, requires notice to heirs and beneficiaries, and may require publication to notify unknown creditors.
If the court admits the will and appoints the executor, the court issues letters testamentary (the document that proves the executor’s authority).
The executor inventories estate assets, pays valid creditors (if any), and then asks the court for an order distributing the estate assets according to the will (or a final distribution if administration is brief or no creditors appear).
To transfer real property, the executor will usually record a certified copy of the court order (or an executor’s deed authorized by the court) with the county recorder to change title to the beneficiary under the will.

California Courts provides an overview of these steps and the required forms and timelines: California Courts — Probate Self-Help.

Alternatives that can avoid probate for real property

If you want to avoid probate for real property, these are the primary, commonly used methods in California:

Revocable living trust: If the decedent placed the property in a trust, the successor trustee can transfer title without probate.
Transfer-on-death deed (beneficiary deed): California law lets an owner record a deed that names a beneficiary who receives title automatically at death without probate; this must have been recorded before the owner’s death. See Prob. Code §5600 et seq.
Joint tenancy or community property with right of survivorship: ownership with another person who survives typically avoids probate because title passes automatically.
Small‑estate proceedings or affidavits: California has limited small‑estate procedures for certain low-value estates that can simplify transfers of personal property, but these often do not work for real property unless the statute and local court rules specifically permit it in your circumstance. See the California Courts probate resources for details: Probate Self-Help.

Hypothetical example (illustrative)

Facts: Decedent lived in California and owned a house titled solely in their name. The decedent left a will naming Alice as sole beneficiary of the house. There was no living trust, no transfer-on-death deed, and no joint owner.

How it plays out: Alice will usually need to open a probate case in the decedent’s county. She files a petition to admit the will and to be appointed executor. If the court admits the will and issues letters testamentary, Alice acts as executor, handles any creditor or tax obligations, asks the court for an order distributing the house according to the will, then records the certified copy of the final order (or court-authorized deed) with the county recorder. That recording changes the title.

Practical steps and timeline

Typical checklist if you believe probate is needed to transfer real property under a will:

Find the original will and death certificate.
Check title records for joint owners, trust ownership, or a recorded beneficiary deed (TODD).
Gather asset information (mortgage statements, property tax bills, bank accounts) and outstanding creditor information.
Decide whether you will self-represent (many small, uncontested estates are handled informally) or hire an attorney, especially if the title transfer or estate issues are complex.
File the probate petition in the decedent’s county and follow court instructions for notices, inventories, and distributions.

Timing: an uncontested testate probate for a single piece of real property commonly takes several months; more complex estates or contested matters can take a year or longer.

When a small‑estate or summary procedure might help (and its limits)

California has simplified procedures that can sometimes shorten or avoid a full administration, but they are limited in scope and generally favor personal property over real property. If the decedent’s estate meets the statutory thresholds and the assets qualify, a summary proceeding or small‑estate affidavit might allow a creditor-free transfer of certain assets. These procedures vary in applicability and are strictly circumscribed by statute — consult the California Probate Code and the California Courts self-help resources for the exact tests and forms: California Courts — Probate Self-Help and the Probate Code at leginfo.legislature.ca.gov.

When to get an attorney

You should consider hiring an attorney if any of these apply:

The estate includes real property and there are beneficiaries or heirs who dispute the will or ownership.
There are creditors, potential tax issues, or an unclear title history.
The executor or beneficiaries are unfamiliar with court filings and the county recording process.

An attorney experienced in California probate can explain whether a full probate is required, whether any summary or small‑estate procedure applies, and can prepare and file the necessary petitions and recordings.

Disclaimer: This article explains general California procedures and is for educational purposes only. It is not legal advice. Laws and court forms change; consult a licensed California attorney or the local probate court for advice tailored to your situation.

Helpful Hints

Always check the county recorder for any recorded Transfer-on-Death Deed, trust deed, or joint-ownership records before assuming probate is required.
If the decedent had a recorded transfer-on-death deed, that instrument usually transfers the property outside probate — look up Prob. Code §5600 et seq.
Small‑estate affidavits often apply to personal property; they rarely move title to real property. Confirm applicability with the Probate Code and court staff or an attorney.
If you must open probate, gather original physical documents (original will, death certificate, title deeds) before filing — courts and county recorders will want certified or original documents.
Recording a certified court order or executor’s deed with the county recorder is the final step to change title — confirm the county’s recording requirements and fees.
Keep clear records of notices, inventories, and distributions; the executor has fiduciary duties and must document actions for the court and beneficiaries.