How Do I Avoid Probate in California?

In California, a home with a transfer on death deed, a payable on death account, life insurance with a named beneficiary and a vehicle with a transfer on death designation pass outside probate, as does property in a revocable trust; what is left is the probate estate.

Mark what the owner holds

California law says how each asset passes at death. Mark what the owner holds and how each piece is titled to see which pass outside probate and what remains for the probate estate.

Examples:

General information about how each asset passes at death under state law, and what remains for probate, not legal or tax advice. The probate cost figures are the probate cost estimator’s, run at the size of the probate estate. Consult a licensed attorney for legal questions.

At a death in California, the sums in a joint account belong to the surviving owner unless the account says otherwise. On the pay on death designation: a p.o.d. account passes to the named beneficiary at the owner's death.

California's nonprobate-transfer statute names an insurance policy: the death benefit is paid to the beneficiary the owner designated, outside probate. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another. An IRA is the state's: California's statute names an individual retirement account, so the balance is paid to the named beneficiary outside probate. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in California: California holds survivorship title as joint tenancy or as community property with right of survivorship. Community property with right of survivorship passes to the surviving spouse by the same procedures as property held in joint tenancy. California recognizes the transfer on death deed: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

California titles a vehicle with a transfer on death designation: the vehicle passes to the named beneficiary at the owner's death without probate. The form is the standard title application. A vehicle in the owner's name alone is part of the probate estate.

Avoiding Probate in California

Probate reaches what a person owned in their own name alone at death, with no survivor, beneficiary or trust named to take it. That is the probate estate, and the will, or the intestacy statute where there is none, governs only that.

California recognizes the transfer on death deed: the home passes to the named beneficiary at the owner's death without probate. A home retitled to a revocable trust passes under the trust's terms; the deed used is Grant Deed.

At a death, the sums in a joint account belong to the surviving owner unless the account says otherwise. On the pay on death designation: a p.o.d. account passes to the named beneficiary at the owner's death. Sums in a California joint account belong to the surviving party unless there is clear and convincing evidence of a different intent, whether or not the account mentions survivorship. A P.O.D. account passes to the surviving payee. In other cases the decedent's share is part of the estate.

A nonprobate transfer on death written into an insurance policy, account or deposit agreement, security, pension plan, individual retirement plan, employee benefit plan or similar instrument is valid in California without a will's formalities, and the money passes to the person it names. The statute names an insurance policy, so the death benefit is paid to the named beneficiary outside probate. It names an individual retirement account too. An employer plan is federal: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another.

California titles a vehicle with a transfer on death designation: the vehicle passes to the named beneficiary at the owner's death without probate. The form is the standard title application.

SimplyTrust Editorial·Updated November 1, 2026

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Data sourced from California statutes and official state code. How we research.

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