AB 2016 changed who needs probate in California. As of April 1, 2025, most estates under $184,500 will still qualify as a “small estate” under Probate Code § 13100. This allows heirs to avoid many of the complexities of formal probate. With AB 2016, there is a new $750,000 probate threshold for the decedent’s primary residence, which changes the calculations greatly. We discuss this in more detail below.
At Filippi Law Firm, P.C., our California estate law attorneys are ready to help you. We’re ready to help you handle California probate issues.
Get a Free Consultation Today
California’s Probate Thresholds (2026)
Personal Property + Non-Residence Real Estate
- Probate requirement: Yes, if total probate assets exceed the small-estate limit
- Legal authority: Probate Code §13100
- Dollar threshold: $184,500
Decedent’s Primary Residence
- Probate requirement: Yes, only if the home’s fair market value exceeds the AB 2016 limit
- Legal authority: Probate Code §13150–13152
- Dollar threshold: $750,000 (effective April 1, 2025)
Real Property Not Used as a Primary Residence
- Probate requirement: Yes, unless the property’s value is under the small-estate limit
- Legal authority: Probate Code §13100
- Dollar threshold: $184,500
Real Property Eligible for Succession Petition
- Probate requirement: Avoidable using the Petition to Determine Succession to Real Property
- Legal authority: Probate Code §13151
- Dollar threshold: Up to $184,500 total real property value
How AB 2016 Changed Probate for California Homes
Before AB 2016, any real estate worth more than $184,500 required probate, even modest homes in rural counties. That meant families often faced a full probate case simply because the decedent owned a residence.
AB 2016 changed that. Now:
- If the primary residence is worth $750,000 or less, heirs can transfer it without formal probate.
- If the home is worth more than $750,000, probate is still required unless the property was held in a trust or passed by survivorship (joint tenancy or community property with right of survivorship).
- The $184,500 small-estate limit still applies to all other assets, including rental property, vacant land, bank accounts, vehicles, and personal property.
This means many California families, especially those with modest homes, can now avoid probate entirely.
How to Avoid Probate in California
Even with AB 2016, probate avoidance still depends on how assets are titled and whether the estate qualifies for small-estate procedures.
1. Small-Estate Affidavit
Use when:
- Total probate assets (excluding the primary residence) are $184,500 or less.
- No formal probate has been opened.
- 40 days have passed since death.
This affidavit transfers bank accounts, vehicles, personal property, and other non-real-estate assets.
2. Petition to Determine Succession to Real Property
Use when:
- The decedent owned real property worth $184,500 or less, OR
- The decedent’s primary residence is worth $750,000 or less.
This petition is filed in court but is not a full probate case. It is faster, cheaper, and typically requires only one hearing.
3. Trusts and Survivorship Transfers
Still the most reliable probate-avoidance tools:
- Revocable living trust
- Joint tenancy
- Community property with right of survivorship
- Transfer-on-death deed (for certain residences)
Who Still Needs Probate in California?
You still need probate if:
- The primary residence exceeds $750,000 in fair market value.
- The estate includes non-residence real property worth more than $184,500.
- The decedent owned complex assets (business interests, litigation claims, large investment accounts) that cannot be transferred by affidavit.
- There are disputes among heirs or unclear title issues.
FAQs: California Probate Thresholds After AB 2016
1. Does every estate under $750,000 avoid probate now?
No. Only the primary residence gets the $750,000 threshold. All other assets still follow the $184,500 small-estate limit.
2. What counts as a “primary residence” under AB 2016?
The home the decedent actually lived in. Vacation homes, rentals, and investment properties do not qualify.
3. Can heirs use the small-estate affidavit for real estate?
Not directly. Real property requires the Petition to Determine Succession to Real Property unless it passes by survivorship.
4. What if the estate has both a home under $750,000 and other assets over $184,500?
You may need partial probate. The home can avoid probate, but other assets may still require a formal case.
5. How do I calculate the estate’s value for probate thresholds?
Use fair market value, not equity. A probate calculator can help.
Learn More About the AB 2016 Probate Threshold and How It May Affect You
Our attorneys help you navigate the complexities of California probate law. Understanding these thresholds and more can help you settle the estate the right way.
Let the dedicated estate planning attorneys at Filippi Law Firm, P.C. review your case. Contact us today for a consultation.
