Probate Attorney in Roseville, California

What types of assets are subject to probate?

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Roseville, CA estate planning & probate attorney Rick Lebherz talks about the types of assets that are subject to probate. In California, all assets owned by a decedent are subject to probate, with limitations based on different values. The current threshold is $184,500, below which a small estate affidavit may be used, excluding real property. If real property is part of the estate, various options may be considered based on its value, potentially allowing avoidance of a full probate process. The probate requirements are contingent on the nature and quantity of assets. For example, a sole asset like a car is exempt from probate unless other assets are undergoing probate. Within the probate process, a probate referee evaluates the value of assets on the date of the person’s passing, assisting in determining probate applicability. In essence, any owned asset can be subject to probate, but this process can be circumvented with a simple trust.

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