Is probate required when someone dies intestate with real property?
Asked in San Diego, CA on March 31, 2026 Last answered on May 4, 20263 answers
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.
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.
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Not necessarily. There are alternatives to a full probate if certain conditions are met.
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