Losing a loved one is difficult enough without suddenly being faced with a court process you never expected. One of the first questions families in Bakersfield and the surrounding area ask us is whether the estate has to go through probate. The short answer is: not always. Whether probate is required depends on how the deceased person owned their assets, and the distinction matters a great deal.
Understanding how California’s probate rules apply to your family’s situation can save significant time, money, and stress.
What Is Probate, and Why Does It Matter?
Probate is the court-supervised process of validating a will, paying debts, and transferring assets to heirs. It can take over a year in California.
In California, probate is handled through the Superior Court. Kern County families go through the Kern County Superior Court, which serves Bakersfield. The process involves filing a petition, notifying creditors and beneficiaries, inventorying assets, paying valid debts and taxes, and eventually distributing what remains to heirs.
The process is public, meaning the contents of an estate become part of the court record. It can also be slow. A straightforward probate case in California often takes 12 to 18 months, and more complex estates take longer. Court filing fees, statutory attorney fees, and statutory compensation for the personal representative are generally based on the gross value of the probate estate under California Probate Code Sections 10810 and 10800.
When Is Probate Required in California?
California generally requires probate when the gross value of a decedent’s assets subject to probate exceeds the current statutory threshold. As of April 1, 2025, California significantly expanded the small estate procedures through Assembly Bill 2016, and many estates that previously required formal probate may now qualify for simplified transfers.
California Probate Code Section 13100 sets the threshold for simplified transfer procedures. Depending on the nature and value of the probate assets, heirs may qualify for California’s simplified small-estate procedures rather than a full probate administration. The applicable rules and dollar limits depend on the type of property involved and are periodically updated by statute. The California Courts website at courts.ca.gov confirms the current figure and the procedures available.
That threshold sounds straightforward, but the key word is “subject to probate.” Not every asset a person owns automatically goes through the probate process. Many assets pass directly to beneficiaries outside of court entirely.
Which Assets Typically Avoid Probate?
Assets held in trust, jointly owned property, accounts with named beneficiaries, and community property with right of survivorship generally bypass probate.
Several categories of assets transfer outside of probate under California law:
- Revocable living trusts: Assets placed in a properly funded living trust pass directly to beneficiaries named in the trust document, without court involvement.
- Joint tenancy with right of survivorship: When one joint tenant dies, the surviving owner automatically inherits the property.
- Community property with right of survivorship: Spouses and registered domestic partners can hold property under this title, allowing the surviving partner to inherit without probate under California Civil Code Section 682.1.
- Accounts with designated beneficiaries: Life insurance policies, IRAs, 401(k)s, and payable-on-death or transfer-on-death accounts pass directly to the named beneficiary.
- California’s TOD deed: A revocable transfer-on-death deed allows real property to transfer directly to a named beneficiary at death, without probate, under Probate Code Section 5614.
The critical issue is whether assets were actually titled or designated correctly before death. A living trust that was never funded or an account whose beneficiary designation was never updated can still end up in probate.
What Happens If There Is No Will?
Without a will in California, the estate passes through intestate succession under Probate Code Sections 6400–6455, which may not reflect what the deceased actually wanted.
Dying without a will is called dying intestate. California’s intestate succession laws dictate who inherits based on family relationships, not on what the person may have wanted. A surviving spouse, children, parents, or other relatives inherit according to California’s statutory order of succession, which may differ from what the deceased person would have chosen. If the estate contains assets that require probate, the estate generally proceeds through the probate process, and the court appoints an administrator instead of an executor.
For Bakersfield families, this situation can be especially complicated when a loved one owned a home, a business, or property in multiple counties. Having a clear estate plan in place before anything happens is far less burdensome than sorting it out after.
Simplified Procedures for Smaller Estates
California offers a small estate affidavit process for estates under the current threshold, allowing heirs to collect assets without a full court proceeding.
When the value of probate assets falls below the statutory limit, heirs can use a declaration under California Probate Code Section 13100 to collect personal property from financial institutions or other holders without opening a formal probate case. California also provides simplified procedures for qualifying real property transfers in certain circumstances, although the requirements differ from those applicable to personal property and should be reviewed carefully.
These procedures are not available in every situation, and certain conditions must be met. At least 40 days must have passed since the date of death, and no probate proceeding may be pending or have been conducted for the estate.
How Planning Changes Everything
Families in Bakersfield and Mammoth Lakes who plan can often structure their estates to transfer most or all assets directly to loved ones, avoiding the cost and delay of formal probate entirely. A well-funded living trust, updated beneficiary designations, and correctly titled property are the most common tools for doing so.
Estate planning does not need to be complicated or intimidating. The goal is simply to make things easier for the people you leave behind.
At the Law Offices of Robert H. Brumfield, P.C., we understand that most clients come to us without a clear picture of how probate works or whether it applies to them. We take the time to walk through each situation clearly and compassionately, so families feel informed rather than overwhelmed. If you have questions about a loved one’s estate or want to put a plan in place for your own, we encourage you to contact us or call our Bakersfield office at 661-384-6940.
Last updated: July 2026
