Probate is the legal process through which a deceased person’s estate is administered and distributed. In California, probate can be a costly, time-consuming, and public proceeding. For families and loved ones already dealing with grief, probate can add stress and delays. Fortunately, there are several legal strategies that can help you avoid probate and ensure a smoother transfer of your assets.

At All Day Law, APC, we help California residents plan ahead to keep their estate out of probate court and protect their loved ones from unnecessary legal burdens.

Why Avoid Probate?

Avoiding probate in California has several advantages:

• Cost Savings: Probate can involve court fees, attorney fees, and executor fees, often totaling 4–7% of the estate’s value.
• Time Efficiency: The probate process in California can take 9 months to over a year to complete.
• Privacy: Probate is a public process, meaning anyone can access information about your assets and beneficiaries.
• Less Stress for Loved Ones: Avoiding court procedures can ease the burden on family members during an already difficult time.

Legal Strategies to Avoid Probate

1. Create a Revocable Living Trust

A revocable living trust is one of the most effective ways to avoid probate. By transferring ownership of your assets into a trust during your lifetime, those assets can be distributed after your death without court involvement. You maintain control of the trust as the trustee and can change it at any time.

2. Use Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations

For bank accounts, retirement accounts, and even vehicles or real estate (in some cases), you can name a beneficiary to receive the asset directly upon your death. These POD and TOD designations bypass probate entirely.

3. Hold Property in Joint Tenancy

Holding property in joint tenancy with rights of survivorship allows the property to automatically transfer to the surviving co-owner without probate. This is common among married couples but must be carefully structured to avoid unintended consequences.

4. Use Small Estate Affidavit (if applicable)

If the total value of the estate is under a certain threshold (currently $184,500 in California as of 2025), a simplified process using a small estate affidavit can be used to avoid probate court altogether.

Why Legal Guidance Matters



Each estate is different. Missteps in planning can lead to assets still going through probate or disputes among heirs. Working with an experienced estate planning attorney ensures your documents are valid, your assets are properly titled, and your intentions are legally enforceable.

At All Day Law, APC, we help California families develop personalized estate plans designed to avoid probate and preserve wealth for future generations. Whether you need a trust, updated beneficiary designations, or comprehensive planning, our team is here to guide you.