What is the amount of money I can have and avoid probate?

Pursuant to California law, assets outside of a Trust which do not have a beneficiary named, that are in your name alone, that do not exceed $150,000 collectively do not require probate.  However, if the asset outside of the trust was and interest in real estate, then the fair market value of the interest cannot exceed $50,000.  If the value exceeds $50,000, then probate will be required to transfer the asset to the Trust.  

 

In order for a Trustee to gain access to such an account or asset, you must wait 40 days following the decedent's passing, complete an affidavit procedure and present the death certificate.