How to Avoid Probate in California: A Guide for Oakland Residents
Understanding Probate and Why You May Want to Avoid It
Probate is the legal process through which a court oversees the distribution of a deceased person’s assets. In California, probate can be lengthy, expensive, and emotionally draining for grieving families. For Oakland residents looking to simplify the future for their loved ones, avoiding probate is often a strategic and compassionate decision.

At Martin APC, we provide legal assistance to the Oakland public to help plan for the future and protect family assets. By understanding your estate planning options, you can preserve your wealth and ease the transition for your heirs.
1. Use a Revocable Living Trust
One of the most effective tools to avoid probate in California is a revocable living trust. When you place assets into a trust during your lifetime, you retain control of them, but they are no longer part of your probate estate upon your death. Instead, your successor trustee can distribute them directly to your beneficiaries without court involvement.
This method is especially useful for real estate, bank accounts, and other valuable assets. Trusts also provide privacy—unlike wills, which become public during probate proceedings.
2. Designate Beneficiaries for Financial Accounts
California allows residents to name beneficiaries directly on financial accounts through tools like:
- Payable-on-death (POD) accounts
- Transfer-on-death (TOD) designations for securities or retirement plans
These designations bypass probate entirely and transfer assets directly to the named individuals.
3. Hold Property Jointly with Right of Survivorship
When you co-own property with someone else and designate the ownership as joint tenancy with right of survivorship, that property automatically transfers to the surviving co-owner upon your death. This avoids probate, although it’s important to carefully consider the legal and tax implications of joint ownership.
4. Use a Transfer-on-Death Deed for Real Estate
California law allows homeowners to file a transfer-on-death deed (also known as a TOD deed) for their real estate. This deed allows your home to pass directly to a beneficiary without going through probate. However, TOD deeds must be properly executed and recorded to be legally effective.
5. Gifting During Your Lifetime
By gifting assets while you are alive, you reduce the size of your estate, potentially avoiding probate for those assets. Keep in mind that there may be gift tax implications depending on the value of what you give and to whom.
Work with an Estate Planning Attorney in Oakland
Each estate is different, and choosing the right probate-avoidance strategy requires an understanding of California laws and your personal goals. At Martin APC, we help Oakland residents create personalized estate plans that reduce stress, protect loved ones, and preserve assets.
Avoiding probate isn’t just a financial decision—it’s a way to take care of your family’s future. Reach out to our office to learn how we can assist you with establishing a trust, preparing TOD deeds, and navigating estate planning with confidence.
