Is probate required when someone dies intestate with real property?

In California, an Affidavit re Real Property of Small Value may be used to transfer real property valued less than $69,625.  If the real property was held in joint tenancy, the surviving joint tenant can record an Affidavit of Death of a Joint tenant to transfer the real property to him or herself.  A California Revocable Transfer on Death (TOD) deed allows one to pass residential property directly to named beneficiaries without going through probate.  Otherwise, if someone dies intestate, a family member will need to petition the probate court to be appointed as a personal representative who can then handle the administration of the estate and the eventual transfer of the real property to the deceased person's heirs.

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. 

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. 

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