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   FAQ Page WARNING: MOST OF THE INFORMATION ON THIS WEBSITE APPLIES TO CALIFORNIA LAW OR CALIFORNIA RESIDENTS ONLY. YOU SHOULD ALWAYS CONSULT AN ATTORNEY BEFORE TAKING ANY ACTION IN RELIANCE ON SUCH INFORMATION.
 
 
Q: If I have a Will, will my estate have to go through PROBATE at my death?
A: If you have a Will and your assets exceed $150,000 in gross value (do not subtract debts or mortgages), PROBATE is likely to be required.



Q: Are there any assets not subject to PROBATE ?
A: Yes. Assets held in joint accounts or joint tenancy go to the survivor without PROBATE. Assets held in accounts where you have listed a beneficiary usually avoid PROBATE. Assets held in Trusts avoid PROBATE. See LIVING TRUSTS



Q: If I have a LIVING TRUST , will my estate have to go through PROBATE?
A: If you have a LIVING TRUST and your assets are titled in the name of the Trust, those assets are not subject to PROBATE. It is very important that your assets be transferred to the trust before your death in order to avoid PROBATE.



Q: Are assets in a LIVING TRUST protected from creditors?
A: So long as the Trust may be revoked or amended by you, the assets are subject to the claims of your creditors. However, there are types of trusts that give creditor protection. For example, you may set up irrevocable trusts for children and protect the assets from the children's creditors.




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