What Happens If You Forget to Put Assets in Your Trust?
Assets left outside your living trust can still end up in California probate. See what happens to forgotten assets and how to fix an unfunded trust.
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Probate guides
Plain-English answers for California probate questions.
Start here if you are trying to understand what the court requires, what assets may need probate, how executors are paid, or what happens when family members disagree.
Should You Put ALL Your Assets in a Living Trust?
A living trust helps avoid California probate, but not every asset belongs in one. See what to fund, what to leave out, and why strategy matters.
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What Assets Must Go Through Probate in California?
Which assets go through California probate and which skip it: how trusts, joint ownership, and beneficiary designations decide what stays out of court.
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How Are Executors Paid in California Probate—and What If You Disagree?
California executors earn statutory fees based on estate value. See how executor pay is calculated and what to do if you disagree with the amount.
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Does Joint Tenancy Avoid Probate in California?
Joint tenancy can pass property outside California probate, but it has limits. Learn how the right of survivorship works and when it falls short.
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Payable on Death Accounts in California: How They Avoid Probate
Payable-on-death accounts skip California probate and pay beneficiaries directly. Learn how POD accounts work and where they fit in your estate plan.
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Spousal Property Petition in California: How It Works
The California spousal property petition (form DE-221): what it covers under Probate Code §13650, who can file, the $435 fee, and how it skips full probate.
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How to Find the Best Probate Attorney in California
How to choose a California probate attorney: the questions to ask, credentials to check, and red flags to avoid when settling a loved one's estate.
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What Happens to Online Accounts and Digital Assets After Someone Dies?
What happens to online accounts and digital assets after death in California: how executors access them and steps families can take to protect them.
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How Do You Challenge a Will in California?
Who can contest a will in California, the legal grounds courts accept, key deadlines, and the evidence you need to challenge a will successfully.
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Why Should You Update Beneficiaries to Avoid Probate Problems?
Outdated beneficiary designations can drag your accounts into California probate. See why updating beneficiaries matters and when to review them.
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Small Estate Affidavit in California: How It Works
The California small estate affidavit, updated for 2026: the $208,850 limit, Probate Code §13100 rules, DE-300 form thresholds, and the steps to file.
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Blended Families and Probate: What to Expect Under California Law
How California probate treats blended families: what stepchildren inherit, what children from a prior marriage receive, and how to prepare your estate.
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The Impact of Community Property Laws on California Probate
How California community property laws shape probate: what counts as community versus separate property and how each passes to a surviving spouse.
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Understanding the No-Contest Clause in California Wills
What a no-contest clause in a California will really does, how the 2010 Probate Code changes limit enforcement, and when a challenge still makes sense.
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How to Handle Probate When the Deceased Owned Property in Multiple States
When a loved one owned property in multiple states, ancillary probate may be required. Learn how California handles estates with out-of-state real estate.
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Navigating Probate for Out-of-State Executors in California
Serving as an out-of-state executor for a California estate? Learn your duties as personal representative and how to manage probate from a distance.
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What to Do When a Will Is Missing or Unclear in California
What to do when a will is missing or unclear in California: where to search, how courts handle lost wills, and what happens when no will can be found.
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Understanding the Role of a Probate Referee in California Estates
A California probate referee is a court-appointed appraiser who values estate assets. Learn what they do, what they charge, and when one is required.
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When you’re ready
Have a probate question tied to your family? Ask Brandon.
Tell us what happened. We’ll tell you whether probate is required, what the court will need, and what it will cost — in plain language, before you decide anything. The first call is free, and there’s no retainer to talk.
Brandon Smith · CA Bar #308604 · Admitted 2015 · Roseville