Probate is a court process of distributing a deceased person’s assets after paying off their debts. Probate involves asking the court to admit the deceased person’s will to probate, identifying and valuing the deceased person’s assets, paying debts and taxes, and then asking the Court to approve the distribution of the remaining assets to the beneficiaries.

Probate is required whenever somebody dies with more than $184,500 in his or her name. This is the gross value of the asset or the fair market value of the asset on the date of their death without subtracting any debts. So if somebody owned a home, even if the home had a sizable mortgage, they will probably have to go through probate. Note that the $184,500 is the value of all assets, not just an individual asset; It is the sum of all of the deceased person’s property on their date of death. 

Yes, there are several ways to avoid probate in California, such as creating a living trust, holding assets in joint tenancy or community property with right of survivorship, and designating beneficiaries for retirement accounts and life insurance policies. You should talk with an estate planning attorney about the best strategy for you, based on your unique circumstances. 

The duration of probate in California can vary widely depending on the complexity of the estate, the number of beneficiaries involved, and any disputes that arise. It typically takes at least 18 to 24 months, but can take longer.

It is possible to handle probate without an attorney. However, it can be complex and time-consuming. Hiring an experienced probate attorney can help ensure that the process is completed properly and efficiently, and can alleviate some of the stress and confusion that often comes with probate.