San Mateo, CA estates & probate lawyer Jeffrey Loew talks about his firm’s work handling life insurance policies, retirement benefits and other ways in which an asset is distributed through a beneficiary designation. He explains that under the California Probate Code, the probate court is considered a court of general jurisdiction. This means that the probate court can hear any matter that would normally fall under civil jurisdiction, provided it involves a decedent’s estate, trust, or assets. Attorneys often file or defend claims in probate court concerning life insurance policies, retirement benefits, or other assets distributed through beneficiary designations rather than a will or trust.

A significant development in recent years has been the introduction of the transfer-on-death deed, which allows an individual to record a document stating that their real property should pass to a designated beneficiary upon their death. While this tool can be executed without the involvement of an attorney, it can create ambiguity, open the door to undue influence, and lead to manipulation. Since becoming legal in California in 2018, transfer-on-death deeds have already generated litigation, and disputes involving these deeds, as well as others that may not fully reflect the decedent’s intentions, are expected to increase in the future.