Do I have a Probate?

Every state has different laws with regard to Probate.  In California, a Probate usually occurs when the value of the estate is over $100,000 and there is no Trust (also called Living Trust).  The most common way to avoid Probate in California is to create a living trust.  This means that if a person had a will, and no trust, their estate would still go through Probate if the value of the estate was over $100,000.  A Probate is not only for physical property such as a house or condominium, it may also include bank accounts, investment accounts, retirement accounts etc.  However, if these accounts have beneficiaries who are alive, then these accounts would not be part of the Probate.