Do You Need Probate in California?
Free tool. Find out whether the estate needs probate or qualifies for a shortcut.
California Probate Procedure Screener
Identify which California post-death transfer procedure may apply to a specific estate
Last legally reviewed: July 16, 2026Date of death and family status
The applicable thresholds and available procedures depend on when the decedent died and whether they were married or in a California registered domestic partnership.
Existing estate plan
Asset inventory
Add each asset the decedent owned or had an interest in at the time of death. Include assets even if you believe they pass outside probate, since the tool needs a complete picture to evaluate the available procedures.
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.
Frequently asked questions
Do I need probate if the decedent had a will?
Possibly. A will does not avoid probate. It tells the court how to distribute the estate, but the court must still supervise the process unless all assets pass outside probate through other mechanisms (trusts, joint tenancy, beneficiary designations, or small-estate procedures).
What is the California small-estate limit?
For deaths on or after April 1, 2025, the general threshold is $208,850 gross value. This is the maximum combined value of the decedent's California real and personal property (after certain statutory exclusions) that can be transferred using a small-estate affidavit. The threshold is adjusted every three years.
Can I subtract the mortgage from the home value?
Generally no. California probate thresholds use the gross fair market value of the property, not the net equity after subtracting mortgages or other secured debts. A house worth $600,000 with a $550,000 mortgage is counted at $600,000 for threshold purposes.
How long do I have to wait before using the small-estate affidavit?
At least 40 days must pass after the date of death before the personal-property affidavit can be used. The affidavit for real property of small value requires a six-month wait. These are the earliest dates the procedures may be used, not filing deadlines.
What is the $750,000 primary-residence petition?
For deaths on or after April 1, 2025, California law allows a simplified court petition to transfer a decedent's California primary residence when its gross value does not exceed $750,000. This procedure was created by AB 2016 and replaced the older court petition that applied to any real property at the general small-estate threshold.
Does the surviving spouse have to go through probate?
Not necessarily. California provides a spousal (or domestic-partner) property petition that allows the surviving spouse or registered domestic partner to confirm ownership of community property and other property passing to them, without dollar limit. This procedure is separate from the general small-estate threshold.
What if the decedent had a trust but some assets were not in the trust?
Assets actually titled in a properly funded trust pass through the trust without probate. But assets the decedent owned in their individual name, even if a trust exists, may still need a probate or small-estate procedure. This is why reviewing the deed and account title is important.
Can I use more than one procedure for the same estate?
Yes. Different assets may qualify for different transfer procedures. It is common for some assets to pass through a trust, others to transfer by beneficiary designation, and any remaining assets to use a small-estate affidavit or court petition. The screener identifies all potentially applicable procedures.
What comes next
If the screener says probate is likely, the Probate Fee Calculator shows what it will cost. For the full process, deadlines, and how to get through it, read California Probate: What It Costs and How to Get Through It.
If you are here because someone died without a plan, it is worth knowing what makes a California will valid before assuming the document you found will hold up.
Frequently Asked Questions
What’s the dollar amount that forces probate in California?
$208,850. If the total gross value of the decedent’s probate assets is at or under that, the estate can usually be collected with a small estate affidavit under Prob. Code §§ 13100 to 13101 after a 40-day wait, with no court filing at all. Above it, you’re generally looking at a full probate. The figure adjusts for inflation every three years under Prob. Code § 890, most recently on April 1, 2025, and next on April 1, 2028. If you’ve seen $239,700 quoted as a 2026 figure on another firm’s site, it’s wrong and appears in no primary source.
What counts toward that total?
Only probate assets. Anything with a named beneficiary, a right of survivorship, or a trust holding title is excluded from the calculation. So a $900,000 house held in a properly funded living trust plus a $500,000 IRA with a named beneficiary plus a $40,000 bank account in the decedent’s name alone is a $40,000 probate estate, not a $1,440,000 one. The screener above sorts assets into the right buckets, and getting that classification right is most of the analysis.
Is there a shortcut for a house?
Two, and they’re easy to mix up. Prob. Code § 13200 covers real property of small value, currently $69,625, by affidavit filed with the court, and it requires a six-month wait after death. Separately, Prob. Code §§ 13150 to 13157 allow a Superior Court petition to confirm a decedent’s California primary residence worth up to $750,000, after a 40-day wait. The $750,000 figure is fixed by statute through March 31, 2028 and does not float with inflation. The petition route is faster and far cheaper than full probate, and it’s limited to the principal residence.
My spouse died. Do I have to probate anything?
Often no. A spousal property petition under Prob. Code § 13500 confirms that community property and property passing to the surviving spouse belongs to the survivor, without a full administration. It’s a single petition and one hearing rather than a year-long case. It doesn’t cover property passing to anyone other than the spouse, so a will leaving half to children puts you back into a different analysis.
What does full probate actually cost?
The statutory fee is set by Prob. Code § 10800 and § 10810 as a percentage of the gross estate, and the attorney and the personal representative are each entitled to it. On a $1,000,000 estate that’s roughly $23,000 each, about $46,000 combined, plus filing fees, publication, the probate referee’s appraisal fee, and any bond. The percentage runs on gross value, not equity. A $1,000,000 house with a $700,000 mortgage is a $1,000,000 estate for fee purposes. The probate fee calculator runs your numbers.
How long does it take?
Twelve to eighteen months for a straightforward case. The floor is set by statute and court calendar rather than by effort: there’s a four-month creditor claim period that can’t be shortened, plus the wait for the initial hearing, the referee’s appraisal, and the final distribution hearing. Add time for a contested issue, a property sale requiring court confirmation, or a missing heir.
There’s a will. Doesn’t that avoid probate?
No. A will is the instruction manual for probate, not an alternative to it. It names the executor and says who inherits, and it has to be admitted to court to do either. The document that avoids probate is a funded living trust. This is the most common misunderstanding I hear, and it’s usually discovered by a family who assumed the will was enough. Wills and trusts lays out the difference.
Can I do a probate myself?
Legally yes, practically it’s rough. California probate is a forms-and-deadlines process with a Judicial Council packet, publication requirements, notice rules, an inventory and appraisal through a court-appointed referee, and probate notes from the examiner that have to be cleared before each hearing. Missing an item means a continuance and another month or two. Some people get through a simple one. If there’s real property, a creditor, or a beneficiary who is unhappy, the do-it-yourself version usually costs more in time than it saves in fees.
The estate needs probate. What should I do first?
Lodge the original will with the Superior Court in the county where the decedent lived, within 30 days of learning of the death. That’s required under Prob. Code § 8200 whether or not you intend to open a probate, and the $50 lodging fee is set by Gov. Code § 70626(d). Then secure the property and stop any automatic payments. Then call: 805-244-5291. The probate page covers the full sequence.
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