Understanding Automatic Transfer of Real Property and California Probate Requirements
Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
When someone dies in California, certain assets transfer outside probate under state law. Real property held in joint tenancy, community property with right of survivorship, revocable living trusts or via transfer-on-death deeds passes automatically to the surviving owner or named beneficiary. However, probate still applies to assets not covered by these mechanisms, to validate the decedent’s will, and to oversee creditor claims and residue distribution.
Automatic Transfers of Real Property
- Joint Tenancy: Co-owners hold equal rights; upon death, the survivor takes full title by operation of law. (Cal. Prob. Code § 13101) See § 13101
- Community Property with Right of Survivorship: Spouses may hold property so the surviving spouse automatically receives full title at death. (Cal. Prob. Code § 6122) See § 6122
- Revocable Living Trust: When properly funded, a trust allows distribution of real and personal property without probate. (Cal. Prob. Code §§ 15000–19403) See Trust Provisions
- Transfer on Death Deed: California recognizes deeds naming beneficiaries, effective upon death. (Cal. Prob. Code §§ 5600–5666) See Arts. 1–3, Div. 6
Why Probate the Will?
Even if some real property passes automatically, you must probate to:
- Validate the decedent’s will in court.
- Identify and inventory all assets subject to probate.
- Pay debts, taxes and administrative expenses.
- Distribute the remaining estate per the will or intestate laws.
California’s independent administration (Cal. Prob. Code §§ 8000–11522) minimizes court involvement after initial approval. Small estates valued under $184,500 may qualify for an affidavit procedure. (Cal. Prob. Code § 13100) See § 13100.
Helpful Hints
- Review property titles for joint tenancy or community property with right of survivorship.
- Confirm beneficiary designations on retirement and insurance accounts.
- Consider a revocable living trust to streamline asset transfers.
- Use small estate affidavit procedures for qualifying estates under $184,500.
- Consult a probate attorney to ensure compliance with California procedures and deadlines.