California Probate Court departments have faced significant backlogs since the onset of COVID-19. In response, the California Legislature enacted substantial reforms to small estate probate procedures, aiming to reduce court congestion and simplify the process for families managing a loved one’s estate. Effective April 1, 2025, these updates make it considerably easier for heirs to transfer a decedent’s primary residence and other assets, eliminating the need for a lengthy, multi-year probate process. Below is a comprehensive overview of the new procedures, updated asset thresholds, and relevant Probate Code sections governing these changes.
Petition to Determine Succession to Primary Residence
A key innovation is the Petition to Determine Succession to Primary Residence, a streamlined probate process for transferring ownership of a decedent’s home when the estate qualifies as “small.” Under California Probate Code Sections 13151 and 13152, this petition is available if:
- The real property was the decedent’s primary residence.
- The value of the residence does not exceed $750,000.
This process allows heirs to avoid the lengthy and costly full probate administration, which in California can often take several years to complete. This kind of petition is limited to real property that served as the decedent’s main home. Other personal property may be handled separately.
Affidavit for Real Property of Small Value
For estates with real property of minimal value, the Affidavit Re Real Property of Small Value remains an option. As of April 1, 2025, this process applies to real property valued at $69,625 or less, for decedents who died on or after that date. This method does not cover personal property, which can be transferred using a separate affidavit process.
Key Changes:
Exclusion of Primary Residence from Small Estate Affidavit Cap
If the home was the decedent’s primary residence and is valued at $750,000 or less, it is not counted toward the $208,850 limit for personal property. To qualify, the property must meet both criteria: it must have been the decedent’s main home, and its value cannot exceed $750,000.
Increased Threshold for Petition to Determine Succession to Real Property
Previously, a Petition to Determine Succession to Real Property (California Probate Code Section 13151) could only be used if the total estate value was under $184,500. The new law allows this petition to be used for a decedent’s primary residence valued at up to $750,000, regardless of the total estate value, provided the property meets the primary residence requirement.
Expanded Value Limit for Summary Probate Procedures
The total value of an estate eligible for summary probate procedures has increased dramatically. The new combined limit is $958,850, which includes up to $750,000 for the decedent’s primary residence and $208,850 for personal property. This substantial increase is designed to make summary administration accessible to more California families.
Practical Implications for California Heirs
Primary Residence: Heirs can now use a simplified petition process for homes valued up to $750,000, even if the total estate exceeds previous limits.
Personal Property: The $208,850 threshold still applies, but the primary residence is excluded from this calculation if it qualifies.
Affidavit for Small Value Real Property: Remains available for very low-value real estate, but does not apply to personal property.
Why These Changes Matter: Avoiding Years-Long Probate
One of the most significant benefits of these new procedures is the ability to avoid full probate, which in California can often take several years to resolve. Full probate proceedings are not only time-consuming but can also be expensive and stressful for heirs. The streamlined processes now available for small estates and primary residences are designed to provide families with faster, more efficient access to inherited property.
Relevant California Probate Code Sections
Petition to Determine Succession to Real Property: Probate Code §§ 13151, 13152
Small Estate Affidavit (Personal Property): Probate Code § 13100 et seq.
Affidavit Re Real Property of Small Value: Probate Code § 13200 et seq.
Summary
California’s small estate procedures are more accessible and flexible, especially for families dealing with the transfer of a decedent’s primary residence. The new laws not only raise the value thresholds but also help families avoid the many years-long delays, expense and anxiety that come with these delays, associated with full multi-year probate. Understanding the new thresholds and the distinction between real and personal property is essential for efficient estate administration. Always consult the latest version of the California Probate Code and a qualified probate attorney for precise requirements and procedures.
