The Only Asset Is the House: How to Avoid Full California Probate

If the house is the only real asset in your parent’s or spouse’s estate, the good news is that California built several shortcuts around exactly this situation, and one of them, the AB 2016 real property procedure, now covers houses worth up to $750,000 as of 2026. Whether you qualify depends on the house’s value, how title was held, who survives, and whether there was a living trust that never got the deed transferred into it. This page walks through the four main paths, in the order I usually check them, and a decision table at the end so you can see which one fits your situation.

What Is the AB 2016 Simplified Real Property Procedure?

Assembly Bill 2016 added Probate Code §§ 13150 through 13154, creating a streamlined court procedure for real property when the decedent’s interest in the property is valued at $750,000 or less. That $750,000 figure is a fixed statutory amount that applies to deaths on or after April 1, 2025 through March 31, 2028 (Prob. Code § 13152(f)(3)); it is not an inflation-adjusted number, and it will be replaced by the standard triennial cost-of-living adjustment mechanism after that date. Instead of opening a full probate estate with a general personal representative, letters, and a full accounting, the successor petitions the court for an order determining that the property passes to the named successor, using a simplified petition process built specifically for this fact pattern: one piece of real property, modest value, no need for a full administration. This is squarely the tool built for the “the house is the only asset” situation, and it is the reason this page exists.

The threshold is measured by the value of the decedent’s interest in the real property, not the property’s full fair market value if there is a surviving joint owner or existing mortgage reducing the decedent’s equity. Get an appraisal or a solid comparable-sales estimate before assuming you are over or under the line.

What Is the Prob. Code § 13100 Small Estate Affidavit, and Does It Cover the House?

Separately, Probate Code § 13100 allows an affidavit procedure for personal property, not real property, when the value of the decedent’s property subject to probate does not exceed $208,850 as of 2026. This affidavit is commonly used for bank accounts, vehicles, and other personal property, and generally does not, by itself, transfer real property. If the house is the only asset and its value exceeds the personal property affidavit’s practical use, the AB 2016 real property procedure above, not the § 13100 affidavit, is usually the relevant tool.

What Is a Spousal Property Petition, and Why Does It Have No Dollar Limit?

When the surviving spouse or registered domestic partner is the one who is supposed to receive the property, whether under a will, intestate succession, or as the decedent’s share of community property, Probate Code § 13650 allows a spousal property petition regardless of the property’s value. There is no $750,000 or $208,850 ceiling here, because the theory is different: the surviving spouse is confirming a right they already hold, not using a small-estate shortcut. If a surviving spouse is the one inheriting the house, this is usually the fastest and cleanest path, even for a house worth well over $750,000, and it should be checked before assuming AB 2016’s dollar cap applies at all.

What Is a Heggstad Petition, and When Do I Need One?

A common and frustrating scenario: the parent had a living trust, the trust document lists the house as a trust asset or says it should be, but nobody ever recorded a deed transferring the house from the parent’s individual name into the trust. Without that deed, the house is technically still in the decedent’s individual name at death, outside the trust, and at risk of falling into probate despite the trust having been the whole point of avoiding probate.

Probate Code § 850 allows a petition asking the court to confirm that the property is, in fact, a trust asset, based on the trust document’s own language and the settlor’s clear intent to fund the trust with that property, even without a recorded deed. Petitions under this section are commonly called Heggstad petitions, after the case that first recognized this approach. This is not automatic; it depends on the trust language actually showing the intent to include the property, and it requires a court petition, not a simple affidavit. But where the trust says the house is a trust asset and it was simply never deeded in, this is usually far faster and cheaper than a full probate.

When Is Full Probate Still Unavoidable?

None of the shortcuts above apply in every situation. Full probate is typically still required when:

• The house is worth more than $750,000 as of 2026 and no surviving spouse or registered domestic partner is receiving it under a spousal property petition.
• There is no trust, no valid will, and multiple heirs disagree about how the house should be divided or sold.
• Title is unclear, contested, or there is a dispute about who the rightful heirs are.
• Creditors need to be formally noticed and given a claims period, which the simplified procedures do not provide in the same way a full probate does.

Decision Table: Which Procedure Fits?

Frequently Asked Questions

Is the AB 2016 real property threshold really $750,000?

Yes, for deaths on or after April 1, 2025 through March 31, 2028, under Prob. Code §§ 13150-13154 (AB 2016). It is a fixed statutory figure, not an inflation-adjusted one, measured by the value of the decedent’s interest in the property, not necessarily the full market value if there is a co-owner or a mortgage reducing equity.

Does the § 13100 small estate affidavit cover a house?

Generally no. Prob. Code § 13100 is built for personal property such as bank accounts and vehicles under $208,850 as of 2026. Real property has its own procedures, described above.

What if my parent’s trust says the house is a trust asset but the deed was never changed?

That is the situation a Heggstad petition under Prob. Code § 850 is built for. The court can confirm the house is a trust asset based on the trust’s own language and the settlor’s clear intent, without a full probate.

Is there a dollar limit on the spousal property petition?

No. Prob. Code § 13650 has no value cap, because it confirms a surviving spouse’s or registered domestic partner’s existing right to property rather than applying a small-estate shortcut.

What if the house is worth more than $750,000?

If no surviving spouse is taking it under a spousal property petition and there is no trust asset argument available, full probate is typically required regardless of how few other assets exist.

How long does full probate take if none of the shortcuts apply?

Commonly 9 to 18 months from filing to closing, sometimes longer depending on the county’s court calendar, whether the estate is contested, and creditor claims.

This page is attorney-authored general information about California probate shortcuts for real property. It is not legal advice for your specific situation, and which procedure actually applies depends on the property’s value, how title is held, the presence or absence of a trust, and who the heirs are. If the house is the only real asset and you want to know which of these paths actually fits, call 805-244-5291 or book a consultation.

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