Yes, probate is needed even if there is a will. There are two types of probate in California. The first is probate when there’s a will. The second type is probate when there is no will. And that’s called an intestacy proceeding, somebody dies intestate or without a will.
Having a will does not avoid probate. There are only three ways to avoid probate in California. The first is to have a revocable trust. The second is to be married and have a surviving spouse do what’s called a spousal set aside. And the third way is to have a small estate which is having less than $188,000 in assets on the date of your death.
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