What are ways of title that avoid the need for “letters” from the Probate court?
They include the following:
– Holding title in a living trust. If title to the asset, for example to a home, is held in your name as trustee of your living trust, there should be no probate.
– Holding title in joint tenancy with another person. This is most common. This is why there are few probates triggered at the death of the first spouse. If they do not have a living trust, the couple usually (less than wisely) hold title, especially to their home, as joint tenants. All the survivor typically needs is a death certificate to get control of the asset, even real property.
– Having a beneficiary. If the decedent named a beneficiary of the asset, no probate is needed, again probably just a death certificate is needed. Examples are life insurance and retirement plans.
– Assets totaling less than $166,250. If the assets not otherwise disposed of above, in other words those in the name of the decedent alone without any beneficiary, total less than $166,250, California law allows the person entitled to the asset to get the asset without getting probate letters. The person is entitled to the asset either under a will or by law. He or she can sign a form under the Probate Code in which he or she swears the assets are under $184,500 and he or she is entitled to it. Please note vehicles and boats with a DMV title, and mobile homes do not count against the $184,500.
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