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:
- A court filing in the county where the property is located,
- An appraisal of the property, and
- A hearing before a judge.
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.