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Small estates and transferring the family home

Not every estate needs a full probate. California offers shorter procedures when the probate assets are below certain limits. The limits are based on the date of death and were last adjusted on April 1, 2025. The next scheduled adjustment is April 1, 2028.

ProcedureDeath before 4/1/20224/1/2022 to 3/31/2025On or after 4/1/2025
Small estate affidavit for personal property (Prob. Code 13100)$166,250$184,500$208,850
Petition to determine succession to real property (Prob. Code 13151)$166,250$184,500$750,000 for a primary residence

Source: Judicial Council of California, Probate Code section 890 adjusted amounts.

The small estate affidavit

If the assets that would otherwise go through probate are worth $208,850 or less, heirs can usually collect bank accounts, brokerage accounts, and similar property with a signed declaration under Probate Code section 13100. No court filing is needed. There is a 40-day waiting period after death.

The $750,000 primary residence petition

For deaths on or after April 1, 2025, a primary residence worth up to $750,000 can pass to heirs through a Petition to Determine Succession to Real Property instead of a full probate. That covers many South County condominiums and some older single-family homes. It is a single court hearing, and it does not carry the statutory probate fee.

Values are measured at date of death, and the probate referee or an appraiser may need to confirm the number. A home that is close to $750,000 deserves a careful look before you choose this path.

Picking the right procedure

The right tool depends on what was in the decedent's name alone, what it was worth on the date of death, and who inherits. One call usually answers it.

Talk it through before you file anything. A free 20-minute call is usually enough to tell you whether you need probate, a shorter court petition, or no court at all. Request a consultation or call [PHONE].
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