When a loved one passes and you face the task of settling their legal and financial affairs, you may be wondering if you need to go to probate court to obtain title to the property. The answer to this question can be complex and depends on a variety of factors such as the amount of money involved, the type of property and who is claiming the property.
Did the decedent designate a beneficiary?
If the person who passed (called a decedent), named on or more beneficiaries to receive the asset, then a simplified procedure may be used to transfer the property. Common examples of this situation would be life insurance proceeds, retirement accounts, pensions, annuities, bank accounts, stock accounts or property in a living trust.
How was the property owned?
Another important factor is looking at the type of title ownership, or in other words, how the property was owned. For example, was the property owned in a joint tenancy such that the surviving owner gets the entire property? Was the property community property with the right of survivorship, such that the surviving spouse or partner would likely get the entire asset
Was the property community property?
The community property analysis may not be as simple, however. An example is if the asset appears to community property without an explicit right of survivorship and whether a will designating that the property be divided in other ways. It’s important in community property situations to ensure that the property was not somehow changed to separate property through agreement or otherwise.
What type of benefit is involved?
Certain types of benefits can usually be collected without probate court. These include benefits such as social security survivor benefits or benefits as a dependent of a deceased veteran.
Find Answers to Your Questions
California Courts have publicly available resources explaining the probate process at https://www.courts.ca.gov, but these resources are often insufficient to answer every question. Contact the Law Office of David Knecht, at 707-451-4502. We have extensive experience and can help make this process easier to navigate.
