California Inherited Property

Small Estates in California and the $750,000 Home Rule

Not every inherited house needs full probate. For deaths on or after April 1, 2025, California lets a primary residence worth up to $750,000 pass through a simpler court petition, and several other paths skip probate altogether. Here's how each one works.

Last updated: October 4, 2026

Why "small estate" matters

Full probate is built for estates above certain dollar limits. Below those limits, California offers shortcuts that save months and real money. Whether you qualify depends on the date of death, what kind of property is involved, and how it was titled. The figures on this page apply to deaths on or after April 1, 2025.

The small estate affidavit (personal property)

For deaths on or after April 1, 2025, personal property up to $208,850 — things like bank accounts, vehicles, and other non-real-estate assets — can often be collected with a small estate affidavit after 40 days, without opening probate. Certain assets aren't counted toward that limit (for example, property that already passes another way). The person entitled to the property signs a sworn statement and presents it to the bank or other holder along with a death certificate.

The affidavit is for personal property. A house generally needs one of the processes below.

The $750,000 primary residence rule

This is the newer, bigger change. For deaths on or after April 1, 2025, a primary residence worth up to $750,000 can pass through a simpler court process called the Petition to Determine Succession to Real Property (Probate Code sections 13150–13154) instead of full probate.

Be clear-eyed about what "simpler" means. The petition still involves:

But there's no ongoing court supervision, no creditor-claim period like a full probate, and no statutory executor and attorney percentage fees. It is usually faster and less expensive than probate. Because the limit hinges on the home's value, an accurate appraisal matters — a home that's close to the line deserves a careful look with an attorney.

Other ways a house can avoid probate

Spousal or domestic partner property petition

When property passes to a surviving spouse or registered domestic partner, a spousal or domestic partner property petition can confirm the transfer without a full probate.

Joint tenancy

If the house was held in joint tenancy, it passes automatically to the surviving joint tenant. The survivor typically records an affidavit of death of joint tenant with the County Recorder to clear the title.

Transfer-on-death deed

A transfer-on-death deed is a recorded deed naming who receives the house when the owner dies. When it's valid, the property goes to that beneficiary outside of probate.

Living trust

A house titled in a living trust usually avoids probate too — see the successor trustee guide.

Confirm the current numbers

California adjusts these thresholds every three years. Before you rely on any figure, confirm it on the court's self-help website or with a probate attorney — and check which figures apply to the specific date of death. If the estate doesn't qualify for any shortcut, the path is full probate: with a will or without one.

How a real estate agent fits in

Whichever path applies, value is at the heart of it — it decides which process you qualify for and what the heirs ultimately receive. A trust and probate real estate agent can give you a no-obligation opinion of value to bring to your attorney, and help with a sale once the court or the paperwork gives someone clear authority.

Frequently asked questions

What is the $750,000 home rule?

For deaths on or after April 1, 2025, a primary residence worth up to $750,000 can pass through a simpler court process called the Petition to Determine Succession to Real Property (Probate Code sections 13150–13154) instead of full probate. It still involves a court filing, an appraisal and a hearing, but it's usually faster and less expensive.

Can I use a small estate affidavit for a house?

The small estate affidavit is for personal property — for deaths on or after April 1, 2025, personal property up to $208,850 (not counting certain assets) can often be collected with an affidavit after 40 days, without probate. A house generally needs the separate real property petition or another process.

What if the house was held in joint tenancy?

Property held in joint tenancy passes to the surviving joint tenant automatically. The survivor usually records an affidavit of death of joint tenant with the County Recorder to clear the title — no probate needed for that property.

What is a transfer-on-death deed?

A transfer-on-death deed is a recorded deed that names who receives the property when the owner dies. When valid, the house passes to the named beneficiary outside of probate.

Do these dollar limits change?

Yes. The thresholds are adjusted every three years. Always confirm the current figures with the court's self-help website or a probate attorney before relying on them.

Related guides

Talk with Will

A calm, no-pressure conversation about the house and your options. Will helps families in Southern California and can refer you to a trust and probate real estate agent elsewhere in the state. English and Mandarin.

This guide is general information, not legal or tax advice. Talk with a California probate or trust attorney and a tax professional about your situation.