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How to Transfer Property After Death in California

Different assets transfer in different ways. Some pass automatically to beneficiaries. Others require probate. This guide explains how each type of asset transfers.

Good news: Many assets avoid probate
Assets with beneficiary designations, joint ownership, or in a trust typically transfer without court involvement.

Select an Asset Type

Click to see transfer methods and required documents.

Real Estate

Houses, condos, land, and other real property

Vehicles

Cars, trucks, motorcycles, boats, and RVs

Bank Accounts

Checking, savings, CDs, and money market accounts

Investment Accounts

Brokerage accounts, stocks, bonds, and mutual funds

Retirement Accounts

401(k), IRA, pension, and annuity accounts

Life Insurance

Life insurance policies and death benefits

Real Estate

Houses, condos, land, and other real property

How Real Estate Transfer

Probate
Court-supervised transfer for property in decedent's name alone
Transfer on Death Deed
Passes directly to beneficiary if TODD was recorded
Joint Tenancy
Passes automatically to surviving owner
Trust
Passes according to trust terms without probate

Documents You May Need

  • Death certificate (certified copy)
  • Property deed
  • Affidavit of survivorship (for joint tenancy)
  • Letters of Administration (if probate required)

Vehicles

Cars, trucks, motorcycles, boats, and RVs

How Vehicles Transfer

Joint Ownership
Transfer to surviving owner with death certificate
Beneficiary Designation
Some states allow TOD registration for vehicles
Small Estate Affidavit
May avoid probate for vehicles under threshold
Probate
Required if no other transfer method applies

Documents You May Need

  • Death certificate (certified copy)
  • Vehicle title
  • Odometer disclosure statement
  • Application for title transfer
  • Letters of Administration (if probate required)

Bank Accounts

Checking, savings, CDs, and money market accounts

How Bank Accounts Transfer

POD (Payable on Death)
Funds go directly to named beneficiary
Joint Account
Surviving owner has immediate access
Trust Account
Distributed according to trust terms
Probate
Required if no beneficiary designation exists

Documents You May Need

  • Death certificate (certified copy)
  • Your ID
  • Beneficiary's ID
  • Letters of Administration (if probate required)
  • Bank's claim form

Investment Accounts

Brokerage accounts, stocks, bonds, and mutual funds

How Investment Accounts Transfer

TOD (Transfer on Death)
Assets transfer to named beneficiary
Joint Account
Surviving owner gains full control
Trust
Distributed per trust instructions
Probate
Required if no beneficiary or joint owner

Documents You May Need

  • Death certificate (certified copy)
  • Account statements
  • Beneficiary's ID and SSN
  • Broker's transfer form
  • Letters of Administration (if probate required)

Retirement Accounts

401(k), IRA, pension, and annuity accounts

How Retirement Accounts Transfer

Beneficiary Designation
Passes directly to named beneficiary (most common)
Spousal Rollover
Surviving spouse can roll into their own IRA
Inherited IRA
Non-spouse beneficiaries receive as inherited account
Estate as Beneficiary
Goes through probate if estate is named

Documents You May Need

  • Death certificate (certified copy)
  • Beneficiary claim form
  • Beneficiary's ID and SSN
  • Account statements

Life Insurance

Life insurance policies and death benefits

How Life Insurance Transfer

Beneficiary Designation
Proceeds paid directly to named beneficiary
Estate as Beneficiary
Goes through probate if estate is named
Contingent Beneficiary
Receives proceeds if primary predeceased

Documents You May Need

  • Death certificate (certified copy)
  • Policy number
  • Claim form
  • Beneficiary's ID and SSN
  • Letters of Administration (if estate is beneficiary)

When Is Probate Required?

Not all assets go through probate. Here is how to tell the difference.

Usually Avoids Probate

  • • Assets with named beneficiaries (life insurance, retirement accounts)
  • • Joint tenancy property with survivorship rights
  • • Property held in a trust
  • • POD/TOD bank and investment accounts
  • • Property with transfer on death deeds
  • • Community property with right of survivorship (CA)

May Require Probate

  • • Real estate in decedent's name alone
  • • Vehicles titled only in decedent's name
  • • Bank accounts without POD designation
  • • Investment accounts without TOD beneficiary
  • • Personal property and belongings
  • • Business interests
Take the Probate Assessment

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in California can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

Need Help With California Probate?

Our guides walk you through the entire process step by step.

Read the California Probate GuideHow to Avoid Probate