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How Assets Transfer After Death in California

Not all assets go through probate. Understanding how each type of asset transfers can save time, money, and stress.

The key question is: Did the deceased set up a way for this asset to transfer automatically?

Transfers Automatically (No Probate)

These assets have a built-in mechanism to transfer to a named person.

Joint tenancy propertyCommunity property with right of survivorshipBeneficiary designations

Simplified Procedures Available

California offers several ways to transfer assets without formal probate.

Small estate affidavit (under $208,850)Real property affidavit (under $750,000)Spousal property petition

Requires Formal Probate

Assets solely in the deceased's name with no beneficiary designation and exceeding thresholds.

Real property over $750,000Personal property over $208,850Complex estates

Select an Asset Type

Sources: California Probate Code | California Civil Code (Joint Tenancy) | California Family Code (Community Property) | California Vehicle Code | California DMV

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Frequently Asked Questions

What is the difference between probate and non-probate assets?
Probate assets are owned solely by the deceased with no designated beneficiary, requiring court supervision to transfer. Non-probate assets have built-in transfer mechanisms like beneficiary designations, joint ownership, or trust ownership.
What assets avoid probate in California?
Assets that typically avoid probate include: life insurance with named beneficiaries, retirement accounts (401k, IRA) with beneficiaries, jointly owned property with right of survivorship, TOD (Transfer on Death) accounts, POD (Payable on Death) accounts, and assets held in a living trust.
What is a TOD or POD designation?
TOD (Transfer on Death) and POD (Payable on Death) are beneficiary designations that allow assets to pass directly to a named beneficiary upon death, bypassing probate.
Does joint ownership always avoid probate?
Only joint ownership with "right of survivorship" avoids probate. This includes joint tenancy with right of survivorship and tenancy by the entireties (for married couples in some states).

Information current as of April 11, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in California can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.