California Expands Simplified Probate Option for Primary Residences Worth Up to $750,000

California Expands Simplified Probate Option

As of April 1, 2025, a new California law—Assembly Bill 2016 (AB 2016)—expanded the availability of a simplified probate process for transferring ownership of a decedent’s primary residence. This change increased the eligibility threshold to $750,000, allowing more families to potentially avoid full probate court proceedings when dealing with modestly valued homes.

Key Changes Under AB 2016

1. Increased Limit for Primary ResidencesThe gross value cap for a primary residence to qualify for a simplified probate procedure has been raised to $750,000. This expanded option is available for estates where the homeowner passed away on or after April 1, 2025.

2. Accessing the Streamlined ProcessHeirs may now file a Petition to Determine Succession to Real Property under Probate Code §§ 13150–13154 to request court approval for the transfer of a qualifying residence. This procedure is faster and less expensive than full probate, but still requires:

• Filing a court petition

• Submitting a certified appraisal

• Attending a court hearing

It is a streamlined process—but not an informal one.

Important Limitations

• Applies to the Primary Residence OnlyThe $750,000 limit applies solely to the decedent’s primary home. Other types of property—such as vehicles, financial accounts, or vacation homes—must still fall under separate rules. As of the same date, the general small estate affidavit limit for non-real estate assets increased to $208,850.
  

• Still Requires Court InvolvementEven though the process is streamlined, it still involves a formal court petition and hearing. It is not the same as avoiding probate entirely.

Why Many California Homeowners Still Need a Living Trust

While this legal update provides a helpful shortcut for some families, most primary residences in California’s major metro areas far exceed the $750,000 threshold. That means the majority of homeowners—especially in places like Los Angeles, Pasadena, San Francisco, and Orange County—won’t benefit from this change.

For those homeowners, the best way to avoid probate remains a revocable living trust, which:

• Avoids court altogether

• Covers all types of assets (not just the primary residence)

• Provides protection for minor children or vulnerable beneficiaries

• Keeps your affairs private

• Speeds up distribution and minimizes legal fees

Final Thoughts

AB 2016 marked a welcome step toward reducing the burden of probate for California families—but it has limited reach. If your home is worth more than $750,000 (as most are in Southern California and the Bay Area), or if you have additional assets or beneficiaries with special considerations, a trust-centered estate plan is still the most effective way to protect your legacy and provide your loved ones with clarity and peace of mind.

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