What the California probate threshold means

California law sets dollar thresholds that determine whether a simplified transfer procedure can be used instead of full probate. For a death on or after April 1, 2025, the general small-estate threshold is $208,850. If the gross value of the decedent's property (after statutory exclusions) falls at or below this amount, certain assets may be transferred using a simple affidavit rather than going through court-supervised probate.

The threshold is based on gross value, not net equity. A house with a $200,000 mortgage and a $500,000 market value has a $500,000 gross value for threshold purposes.

These thresholds are adjusted every three years by the Judicial Council based on the Consumer Price Index. The next scheduled adjustment is April 1, 2028.

Why a will does not avoid probate

A will is a set of instructions to a court. It names who should receive the decedent's property and who should manage the estate, but it does not transfer anything on its own. The will must be submitted to the probate court, which then supervises the distribution. Many people assume that having a will means their family can skip probate, but that is not how California law works.

A revocable living trust, by contrast, can hold property outside the probate estate. But only assets actually titled in the trust are excluded. If the decedent created a trust but never transferred the house into it, the house may still need to go through probate or a simplified court procedure.

Assets that commonly pass outside probate

Several categories of assets typically transfer without any probate proceeding:

• Property held in a properly funded revocable living trust
• Joint tenancy property, which passes to the surviving joint tenant by right of survivorship
• Community property with right of survivorship
• Bank accounts with a pay-on-death (POD) designation
• Brokerage and investment accounts with a transfer-on-death (TOD) designation
• Life insurance and retirement accounts with a named beneficiary who survived the decedent
• Real property with a recorded revocable transfer-on-death deed (where the beneficiary survived)
• Vehicles and vessels registered with the California DMV (transferred through the DMV, not probate)
• Manufactured and mobile homes registered with the California Department of Housing and Community Development

For each of these, the key question is whether the required designation or title arrangement was properly set up during the decedent's lifetime and whether the designated recipient survived. If a beneficiary designation fails (because the named person predeceased the owner, for example), the asset may fall back into the estate.

Why gross value may differ from net equity

Gross value is the fair market value of an asset without subtracting any debt secured against it. Net equity is the gross value minus the outstanding mortgage, lien, or loan balance. California probate thresholds generally use gross value.

This distinction matters most for real property. A home worth $600,000 with a $550,000 mortgage has only $50,000 in equity, but its gross value for threshold purposes is $600,000. That gross figure is what the court uses to determine whether a simplified procedure is available.

The current $208,850 general threshold

For deaths on or after April 1, 2025, the general small-estate affidavit can be used when the gross value of the decedent's California real and personal property (after statutory exclusions) does not exceed $208,850. This affidavit allows a successor to collect personal property without opening a probate case. The successor must wait at least 40 days after the date of death before using the affidavit.

This threshold was $184,500 for deaths between April 1, 2022 and March 31, 2025, and $166,250 for earlier deaths.

The $750,000 primary-residence procedure

Starting April 1, 2025, California law provides a new simplified court petition for transferring a decedent's California primary residence valued at $750,000 or less (gross). This procedure, created by AB 2016, allows a successor to petition the Superior Court for an order transferring the property without full probate.

The petition can be filed 40 days after the date of death. A probate referee must appraise the property, and notice must be given to all heirs and devisees. The property must have been the decedent's primary residence, though it does not need to have been their residence at the time of death.

For deaths before April 1, 2025, a court petition was available for any California real property (not limited to a primary residence), but the threshold was the same as the general small-estate limit ($184,500 or $166,250), much lower than the current $750,000.

The $69,625 real-property-affidavit limit

A separate affidavit procedure exists for California real property of very small value. For deaths on or after April 1, 2025, this procedure is available when the total gross value of all of the decedent's California real property (after statutory exclusions) does not exceed $69,625. The affidavit cannot be filed until at least six months after the date of death, and it requires that all funeral expenses, last-illness expenses, and unsecured debts of the decedent have been paid.

Spousal and domestic-partner procedures

When a married person or registered domestic partner dies, California law provides a separate procedure for the surviving spouse or partner to confirm ownership of community property, quasi-community property, and any separate property that passes to the surviving spouse. This spousal property petition has no dollar limit. It is available regardless of the size of the estate.

The petition is filed in Superior Court and requires notice to heirs and devisees. The court issues an order confirming that the property passes to the surviving spouse or partner without the need for full probate administration. A registered domestic partner has the same rights as a surviving spouse under California law.

Why multiple procedures may be necessary

Different assets may require different transfer procedures. A trust-titled bank account passes through the trust. A joint-tenancy house passes to the surviving joint tenant. A car transfers through the DMV. An account with a POD designation goes to the named beneficiary. And any remaining property may need a small-estate affidavit, court petition, or full probate.

It is common for an estate to need two or more procedures running in parallel. The probate screener above identifies all potentially applicable paths, not just one.

When document review is important

This screener relies on self-reported information. The actual transfer procedure depends on what the title documents, deeds, beneficiary forms, account statements, and trust documents say. Common situations where document review changes the analysis:

• The decedent created a trust but never transferred the house into it
• A beneficiary designation names someone who predeceased the account owner
• A deed says "tenants in common" instead of "joint tenants"
• A transfer-on-death deed was signed but never recorded
• The trust document is incomplete, unsigned, or missing pages
• A quitclaim deed was used but the legal description is incorrect

In each of these situations, what the user reports in the screener may not match what the documents actually show.