Can California Probate Be Avoided with a Will?

Can California Probate Be Avoided with a Will? So, the short answer to the question of whether probate can be avoided with a will is “no.” In almost all cases, when a will is left by the decedent, (and when no will is present after the death), if the decedent’s estate does not qualify for a Small Estate Affidavit Probate, or a Spousal Property Petition, there must be a probate.

One of the top four reasons American adults give for failing to have an estate plan prepared is lack of time. And, in many ways, this is a perfectly valid reason for most of us. We live in an increasingly busy society, and it can feel overwhelming to find the time necessary to fit in one more task. Yet, as busy as we are, there are some things which we simply must find time for, and estate planning is one of those things. At a bare minimum, you should ensure you have a basic will, which names beneficiaries and an executor, as well as a guardian for your minor children. If you are married, you may think this is unnecessary—that your spouse will get everything. This is only true in some situations, and certainly not for every single asset, particularly those assets which are in your name only.

If you are single, then it is even less obvious who will get what, particularly if you have living parents and siblings. It is so very important that you not procrastinate on this particular issue—estate planning. Death comes when we least expect it, and you would never want to leave a mess for your loved ones to clean up. Make the time to contact Mark Gullotta and discuss your estate plan. It can be one of the most important things you do for those you love. Mark will make the process as quick and painless as possible, answering your questions in an easy-to-understand manner, and ensuring your estate plan meets your needs.