Do I have to go through probate?

Probate is not always necessary. Whether or not you must go through probate court depends on several factors: the amount of money involved, who is claiming the property, the type of property being inherited or transferred, and how the property is owned.

A few examples from the California Courts’ websites:

Type of Title Ownership:  : Sometimes all or some of a dead person’s property passes directly to the beneficiaries because of how the property is owned. So if the property was owned in joint tenancy, if it was community property with the right of survivorship, if it was a bank account owned by several people, or a bank account that is transferred to someone when the owner dies, then, in general, when the owner of the property dies, the property goes to the survivor. Keep in mind that even in these cases, the survivor may have to take legal steps to clarify his or her ownership of the transferred property.

Type of Contract:  Sometimes all or some of a dead person’s property does not need to go through probate to pass to the beneficiaries. This is because this property is a type of contract with named beneficiaries. Examples of this are life insurance that pays benefits to someone else other than the dead person’s estate, retirement benefits, death benefits, and trusts. (“Wills, Estates, and Probate”. California Courts.  http://www.courts.ca.gov/8865.htm. Retrieved 5 July 2017.)