California Probate Explained

Probate is the legal process California uses to settle the estate of someone who has died: proving the will, paying debts and taxes, and transferring what remains to the heirs. It has a reputation for being slow and expensive, which is largely deserved for full probate, but recent law created faster paths for many estates. Understanding how it works, and when you can avoid it, saves families significant time and money.

What probate is

When someone dies owning assets in their sole name without a trust or beneficiary designation, those assets generally must go through probate, a court-supervised process in the county Superior Court. The court validates the will (or applies intestate succession rules if there is none), appoints an executor or administrator, ensures debts and taxes are paid, and then authorizes distribution to the heirs. For real estate, a court-appointed probate referee appraises the property at its date-of-death value.

Full probate in California commonly takes many months to over a year and involves statutory fees, which is why so much estate planning is designed to avoid it. Our probate sale cluster covers selling a home during this process.

The ways to avoid full probate

Not every estate needs full probate. California provides several streamlined procedures, and recent law expanded them significantly:

• Living trust: assets in a properly funded trust skip probate entirely and pass through the trustee.
• Joint tenancy and transfer-on-death deeds: pass directly to the survivor or named beneficiary.
• Beneficiary designations: accounts with payable-on-death or transfer-on-death designations pass outside probate.
• AB 2016 primary-residence petition: effective April 2025, a primary residence worth up to 750,000 dollars can transfer through a simplified Petition to Determine Succession, rather than full probate.
• Small-estate affidavit: modest personal property, under a threshold that adjusts for inflation (208,850 dollars for deaths through March 2026, rising to 239,700 dollars after), can pass by affidavit.
• Spousal property petition: property passing to a surviving spouse can clear title with no dollar limit.

Why AB 2016 matters

Before AB 2016, a family with an otherwise modest estate was often forced into full probate simply because they owned a home, since even a modest California house exceeded the old thresholds. The new 750,000 dollar primary-residence petition changes that for many families. A primary residence, combined with the separate personal-property affidavit, can now often be handled through streamlined procedures that run faster and cost far less than full probate. Note that rentals, vacation homes, and commercial property do not qualify for this primary-residence route.

The probate process, step by step

When full probate is required, the broad steps are: file a petition with the Superior Court, get an executor or administrator appointed and receive Letters authorizing them to act, notify heirs and creditors, inventory and appraise the assets through the probate referee, pay valid debts and taxes, and then petition the court to distribute the remaining assets. Selling real estate during probate may require court confirmation, depending on the authority granted. Our probate sale guide details how a sale works within this process.

Serve First Realty works with families and their representatives to sell real estate during probate, and Ashlar LDA can prepare many of the required documents at your direction. This is general information, not legal or tax advice; consult a qualified attorney or CPA about your situation.