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A Home Worth Up to $750,000 May Not Need Probate
For deaths on or after April 1, 2025, a California primary residence worth up to $750,000 can pass to the people entitled to it by court petition, without a full probate. The ceiling before that date was $184,500, which in this county bought very little. The change came from Assembly Bill 2016.
It is a petition rather than a form, so there is a court filing, an appraisal by a probate referee and an order. What there is not is a personal representative, a creditor claim period, a year of administration, or statutory attorney and executor fees calculated on the value of the estate. That last point is usually the one families care about.
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Four Ways an Estate Can Avoid Full Probate
Each has its own limit and its own paperwork. The figures below apply to deaths on or after April 1, 2025 and are adjusted every three years.
Primary Residence Petition
Up to $750,000. A court order confirming the family home passes to the successor, without full administration. Probate Code section 13151.
Small Estate Affidavit
Up to $208,850 of personal property, such as bank and investment accounts. An affidavit rather than a court case. Section 13100.
Spousal Property Petition
No dollar limit. Confirms property passing to a surviving spouse or registered domestic partner, and often the fastest route of all.
Real Property of Small Value
Up to $69,625. An affidavit for modest real property, filed on Judicial Council form DE-305. Section 13200.
Gross Value, Not Equity
The test is what the property is worth, not what is left after the mortgage. A $900,000 house carrying a $400,000 loan does not qualify. This is the most common misunderstanding we hear.
When None of These Fit
Above these limits the estate goes through full administration. We handle that too, and we will tell you at the outset which one you are facing.
Which procedure applies turns on an appraisal and on how title is held. A short call usually settles it.
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FAQs
Common Questions About Avoiding Probate in San Diego
The questions we hear most from families who have been told they need probate.
Q: There is a house. Can we still avoid probate?
Possibly. Since April 1, 2025, a primary residence with a gross value of $750,000 or less can pass by petition under Probate Code section 13151, without full administration. Above that figure the estate goes through probate. Gross value means what the property is worth, not the equity.
Q: How long do these procedures take?
The petition cannot be filed until 40 days after the death, and after that the timing depends on the court calendar and on getting the appraisal done. Months rather than the year or more a full probate usually runs.
Q: Is it actually cheaper than full probate?
Yes, and the reason is structural. Full probate carries statutory attorney and executor fees set as a percentage of the gross estate. These procedures do not. You can see what full administration would have cost on our probate fee calculator.
Q: What if the estate has both a house and bank accounts?
They are separate procedures and they can be used alongside each other. The residence goes through the section 13151 petition and the accounts through the section 13100 affidavit, provided each stays under its own limit.
Q: Is there a deadline?
There is a waiting period rather than a deadline. Nothing can be filed until 40 days have passed. Waiting a long time does not usually bar the procedure, but unresolved title tends to surface at the worst moment, normally when someone is trying to sell or refinance.
Each of these questions can have layers depending on your family’s circumstances. A quick conversation with a probate attorney is often the fastest way to get answers that apply to your specific situation.
Find Out Whether You Can Avoid Probate
If someone has died owning a home or accounts in San Diego County and you have been told probate is the only route, it is worth checking. A short call is usually enough to tell you which procedure fits, or that full administration is unavoidable. There is no charge for that conversation.