Is probate required when someone dies intestate with real property?

Asked in San Diego, CA on March 31, 2026 Last answered on May 4, 2026

3 answers

Scott M. Grossman
Answered by:

Scott M. Grossman

Riverside, CA
The Grossman Law Firm, A.P.C. 866-296-0685
Free Consultation
Answer

If the property was the decedent's home and is worth less than $750,000, then instead of probate a petition to determine succession can be filed. If these requirements are not met, then a petition for probate will need to be filed.

April 21, 2026
Norell S. Manning
Answered by:

Norell S. Manning

La Mesa, CA
Law Office of Norell S. Manning 858-321-6766
Answer

Typically yes. However, if the property was held as joint tenants or community property with another person who is still living, that person becomes the sole owner of the property. The surviving joint owner can file an affidavit of death to have the deceased joint owner removed. If the property was solely owned by the deceased person, then a probate proceeding will be required. 

DISCLAIMER: The information contained in this response is intended to provide general information. Nothing in this response should not be construed as legal advice or opinion. This response is not an offer to represent you, nor is it intended to create an attorney-client relationship. 

April 7, 2026
Hengameh Kishani
Answered by:

Hengameh Kishani

Danville, CA
Temmerman, Cilley, Kohlmann & Norcia, LLP 408-780-1912
Answer

Not necessarily. There are alternatives to a full probate if certain conditions are met. 

May 4, 2026

Don't see what you are looking for? Ask a Super Lawyers Selectee - it's free!

Submit a question and get answers for free from a Super Lawyers Selectee.

Ask a question
Disclaimer

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

Page Generated: 0.12312698364258 sec