Losing a loved one in death is one of life’s most difficult experiences. Sadly, the grieving process can be even more challenging when families are caught in a long, costly probate process. In California, where property values are high and court delays are common, this situation occurs more frequently than many realize.

Probate is the legal process of validating a will, settling debts, and distributing assets under court supervision. While it may sound straightforward, in reality, it often involves months of delays, significant legal fees, and the added burden of making personal affairs part of the public record.

Fortunately, if you take proactive steps, you can simplify the process and may even bypass it entirely.

This article from Bulman Wealth Group explains what probate is, why it matters, and how you can pass on your assets more efficiently and privately.

Understanding Probate in California

Probate in California isn’t just time-consuming—it’s also costly. The state uses a statutory fee structure, meaning attorneys and executors are compensated based on the estate’s gross value, not the net. So, if your home is worth $800,000, that’s the amount used to calculate fees, even if there’s a $600,000 mortgage.

Beyond the expense, probate is also public. That means anyone can view your estate’s details—including what you owned, owed, and to whom your assets were distributed. This may feel intrusive for those focused on private wealth management and legacy planning.

Delays are another common concern. Depending on the complexity of the estate, court backlogs, and creditor claims, California probate cases can take anywhere from nine months to two years or more. That delay can be difficult for beneficiaries who depend on those funds to cover expenses.

Let’s consider some of the most effective strategies available to Californians who want their estate plans to reflect their goals, values, and lifestyle.

Revocable Living Trusts: A Primary Tool

A revocable living trust is one of the most common—and effective—ways to avoid probate in California. When you place your assets into a living trust, you remain in control during your lifetime and name a successor trustee to manage or distribute the assets after your passing. Because the trust owns the assets, not you personally, they avoid the probate process altogether.

Unlike a will, a living trust isn’t subject to court oversight. That means no lengthy delays, no public disclosures, and no statutory fees. It also makes it easier for your family to access funds for expenses like final bills, home maintenance, or taxes.

Many people assume trusts are only for the wealthy, but that’s not the case. For anyone with real estate, significant savings, or specific wishes about how assets should be distributed, a trust can be a vital tool in your estate and legacy planning strategy.

Keep in mind that simply creating a trust isn’t enough—it must be properly funded. This means retitling your assets into the name of the trust, a step that is sometimes missed but critical for avoiding probate.

Other Strategies To Avoid Probate

Joint Tenancy

Property held in joint tenancy automatically transfers to the surviving owner when one person passes away. This approach can work well for couples but has limitations. It doesn’t offer flexibility for complex distribution plans and may trigger unintended tax consequences, such as a limited step-up in basis for real estate, leading to higher capital gains tax. It can also create complications if one owner becomes incapacitated, such as through dementia, and key legal documents aren’t in place.

Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations

For bank accounts, CDs, and brokerage assets, adding a POD or TOD designation allows the asset to pass directly to the named beneficiary without going through probate. These designations are easy to set up and highly effective—but they must be kept up to date.

Beneficiary Designations

Retirement accounts and life insurance policies typically allow you to name beneficiaries, which means these assets can bypass probate entirely. It’s important to name both a primary and contingent beneficiary so that if your primary beneficiary passes away or cannot inherit, the asset will still be transferred according to your wishes without court involvement.

Small Estate Affidavits

If your estate qualifies under California’s small estate limit—currently $184,500—your heirs may use a simplified affidavit process to claim certain assets. While this won’t apply to every estate, it can be helpful for modest accounts or vehicles.

The Importance of Regular Reviews and Updates

Even the most well-crafted estate plan can become outdated. Life changes—like marriage, divorce, the birth of a grandchild, or the sale of a property—can all impact how your assets should be distributed. Regularly reviewing your estate plan helps confirm that your wishes are still accurately reflected and that your designations are still appropriate.

It’s also important to revisit your documents if tax laws or California regulations change. An outdated strategy might not only delay the distribution of assets but also create unnecessary tax burdens or confusion for your heirs.

Working with a skilled financial advisor in California, like those with Bulman Wealth Group, can help you stay on top of these changes and make timely adjustments as your circumstances evolve. Keeping your plan current can reduce the chances of disputes and make things easier for your loved ones.

About Bulman’s Financial Advisors in California

Estate planning is not one-size-fits-all. Every family has different priorities, and every financial situation presents unique considerations. That’s why working with experienced advisors is so valuable.

At Bulman Wealth Group, we help individuals and families integrate estate and retirement planning in California so your investments, income strategy, and legacy wishes all work together. We coordinate with estate planning attorneys when needed, helping to make the process smoother and more comprehensive.

From retirement tax benefits in California and RMD withdrawal strategies to long-term care planning in California and income coordination, our team helps you address the many moving parts of your retirement and legacy goals.

Whether you’re looking for a Roseville, CA, financial advisor or a financial advisor in Temecula, our local teams understand the regional and state-specific challenges that retirees face.

Building financial confidence California retirees need often starts with having the right conversations—and following up with the right actions.

For California retirees, building financial confidence often begins by initiating the appropriate conversations and taking the necessary follow-up actions.

Contact us today to schedule a consultation and take a confident step forward in your estate and legacy planning.