Roseville, CA estate planning & probate attorney Rick Lebherz talks about the types of assets that are subject to probate. He explains that in California, all assets owned by a decedent are generally subject to probate, although there are specific thresholds and exceptions. Currently, estates valued under $184,500 may qualify for a small estate affidavit, though this does not apply to real property. When real property is involved, alternative procedures may be available depending on its value, potentially avoiding a full probate process.

He notes that the nature and quantity of assets dictate the probate requirements. For example, a vehicle, if it is the sole asset, typically does not require probate unless other assets are simultaneously subject to probate. During the probate process, a probate referee evaluates the value of the decedent’s assets as of the date of death, which helps determine the applicability of probate.

Ultimately, while virtually any asset can be subject to probate, he emphasizes that using a properly structured trust can often bypass the probate process entirely, providing efficiency, privacy, and ease of transfer for beneficiaries.