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Californias Transfer on Death deed: One option to avoid probate on your home. Homeowners often want to leave their home to children, partners, or others without forcing them to go through the probate court after the owner dies.
You Can Avoid Probate If You Have A Funded Revocable Living Trust. There are two general steps to using a Revocable Living Trust as the foundational document for your estate plan: (1) Establishing the Trust; and (2) Funding the Trust. An estate planning attorney can help you create your trust.
If the estate doesnt have sufficient assets to cover probate fees and debts, Californias probate court follows a priority order to pay debts. Secured debts (like mortgages) are typically paid first, followed by fees and administrative expenses, including executor and attorney fees.
SacLaw Library Obtain a certified death certificate and copy of the TOD deed. Send notice to the legal heirs. Who are the legal heirs? Fill out the Affidavit of Death, including Notice to Heirs (do not sign) Sign the Affidavit in front of a notary. Record the Affidavit at the County Recorders office.
Californias new probate law makes the process easier and allows for a smoother transition of the decedents estate to their successors. The law goes into effect in April 2025. Some key components of the new law are as follows: Allows for a simple transfer of primary residences of up to $750,000 from decedent to heirs.
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Assets Not Usually Included in California Probate Any assets for which a beneficiary has already been designated (via transfer upon death (TOD) designations or payable on death (POD) designations), which can include bank accounts, retirement accounts and insurance policies.

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