4 Common Situations That Trigger Probate: What You Need to Know

When someone passes away, their estate may need to go through probate, a legal process where assets are managed and distributed. While some estates can avoid probate, there are certain situations where it becomes unavoidable. Let’s explore four common circumstances that trigger probate and what they entail.

1. No Will or Estate Plan

If someone dies without a will (referred to as dying intestate), their estate typically goes through probate to determine asset distribution. In this situation, the court appoints a personal representative to handle the estate and distribute assets according to California's intestacy laws. Without a will, loved ones may face delays, disputes, and court involvement in determining who inherits the estate.

2. Assets Held Solely in the Deceased’s Name

When assets, such as real estate or bank accounts, are owned solely in the deceased person’s name without a designated beneficiary, they must go through probate to transfer ownership. These assets cannot be distributed until the probate court grants permission. Jointly owned assets or those with payable-on-death beneficiaries usually avoid this process, but assets titled solely in the decedent’s name often require court oversight.

3. Disputes Over the Estate

Family disagreements or challenges to the will can quickly escalate into a probate case. For example, if a beneficiary believes the will is invalid or claims undue influence, the court steps in to resolve the matter. These disputes can prolong the process and increase legal costs, creating additional stress for surviving family members. Probate provides a legal framework to address these conflicts and ensure the estate is distributed fairly under the law.

4. Lack of a Trust or Other Estate Planning Tools

While living trusts and other planning tools can help bypass probate, their absence often results in the need for court intervention. A trust allows assets to pass directly to beneficiaries without court involvement. If someone relies solely on a will or informal arrangements, their estate is more likely to go through probate. Taking proactive steps to create a comprehensive estate plan can help avoid this scenario.

Probate often becomes necessary when a clear estate plan isn’t in place or specific circumstances arise, such as disputes or the way assets are titled. By understanding these common situations, individuals can take steps to prepare and reduce the burden on their loved ones. If you’re concerned about probate or estate administration in California, John D. Laughton, A Professional Law Corporation, can provide valuable insights and support to help guide you through the process.