Do I Need Probate in California? Free Decision Tool

California’s Six Probate and Probate Alternative Paths at a Glance

California offers six procedural paths for transferring a decedent’s assets. The right path depends on asset type, title, gross value, and whether a surviving spouse is involved. The table below shows each path side by side.

All thresholds reflect California law for decedents dying on or after April 1, 2025. The Judicial Council adjusts these amounts for inflation every three years under Probate Code Section 890, subdivisions (a) and (b). The current figures appear on Judicial Council Form DE-300. That form lists thresholds for:

• Small estate set-asides (Probate Code Sections 6600 to 6613)
• Personal property affidavits (Probate Code Section 13100)
• Primary residence petitions (Probate Code Sections 13151 to 13154)
• Small real property affidavits (Probate Code Section 13200)
• Compensation owed to a surviving spouse (Probate Code Section 13600)

For more on how the dollar limit works in practice, see our overview of the current California probate threshold.

Path 1: Trust Administration (No Court Involvement)

If the decedent transferred assets into a revocable living trust during their lifetime, those assets pass to beneficiaries under the trust terms without court involvement. The successor trustee’s duties begin at the settlor’s death.

Probate Code Section 16061.7 requires the trustee to send formal notice to all trust beneficiaries and to the decedent’s heirs. The notice must go out within 60 days of the event that makes the trust irrevocable, which is typically the settlor’s death.

Key facts:

• Typical timeline: 6 to 12 months for full administration, depending on asset complexity.
• Key documents: the trust instrument, the death certificate, the trustee’s certification of trust, and the Probate Code Section 16061.7 notice.
• Common complication in San Diego County: partially funded trusts and out-of-state real property.

If you are a successor trustee, see our step-by-step explanation of the trust administration process in California.

Path 2: Spousal or Domestic Partner Property Petition

Property passing to a surviving spouse or registered domestic partner generally passes without court administration under Probate Code Section 13500. A Spousal or Domestic Partner Property Petition under Probate Code Section 13650 is an optional procedure. The petition is used to confirm title or clarify which property is subject to administration and which is not.

Key facts:

• Judicial Council form: DE-221 (Spousal or Domestic Partner Property Petition).
• Applies to community property, quasi-community property, and separate property passing to the surviving spouse or partner.
• No dollar threshold under Probate Code Section 13500.
• Typical hearing timeline: 60 to 90 days from filing, varying by county calendar.

Separate property passing to non-spouse beneficiaries may require one of the other procedures on this page.

Path 3: Small Estate Affidavit for Personal Property (Probate Code Section 13100)

A successor of the decedent may collect personal property by affidavit when two conditions are met. First, the gross value of the decedent’s California real and personal property does not exceed $208,850. The calculation excludes property described in Probate Code Section 13050 and any property included in a Probate Code Section 13151 primary residence petition. Second, at least 40 days have passed since the date of death.

The procedure requires no court filing. The affidavit is presented directly to the asset holder, such as a bank.

Key facts:

• Threshold: $208,850 for deaths on or after April 1, 2025 (Judicial Council Form DE-300).
• Waiting period: 40 days from the date of death, per Probate Code Section 13100.
• Form: There is no Judicial Council form for this affidavit. The declaration must include the statements listed in Probate Code Section 13101.
• Excluded from the calculation: assets that pass outside probate (joint tenancy property, trust property, payable-on-death accounts, transfer-on-death registrations, property with named beneficiaries), the decedent’s vehicles, salary or other compensation owed at death up to $20,875, and certain other items listed in Probate Code Section 13050.

For more detail on this procedure, read our guide to the California small estate affidavit.

Path 4: Petition to Determine Succession to Primary Residence (Probate Code Sections 13150 to 13157)

Assembly Bill 2016 (Stats. 2024, ch. 331) reshaped this procedure. For decedents who die on or after April 1, 2025, a primary residence worth $750,000 or less may transfer by a streamlined court petition. Full probate is not needed.

The amendment is a sharp increase in dollar amount from the prior $184,500 cap. It also narrows the procedure to apply only to the decedent’s primary residence in California, rather than to any real property of the decedent.

Key facts:

• The property must have been the decedent’s primary residence in California. Under Probate Code Section 13150(b)(2), “primary residence” is not limited to the residence at the time of death.
• Waiting period: 40 days from the date of death, per Probate Code Section 13151(a).
• Judicial Council form: DE-310, Petition to Determine Succession to Primary Residence, revised April 28, 2025. The companion court order is on DE-315, Order Determining Succession to Primary Residence.
• Notice requirements: The successor must deliver a notice of the petition to each heir and devisee named in the petition within 5 business days of filing, per Probate Code Section 13151(b). Notice of the hearing must be served at least 15 days before the hearing under Probate Code Section 13153 and Probate Code Section 1220.
• Probate referee appraisal: An inventory and appraisal by a probate referee is required, per Probate Code Section 13152.
• Typical timeline: 60 to 90 days from filing to hearing, depending on the local probate department calendar.

For background on how the $750,000 figure interacts with the personal property affidavit, see our overview of the current California probate threshold.

Path 5: Affidavit re Real Property of Small Value (Probate Code Section 13200)

A separate affidavit procedure allows transfer of California real property under a tight cap. For deaths on or after April 1, 2025, the gross value of all of the decedent’s California real property must be $69,625 or less.

The procedure is rarely used because the threshold is low and is calculated across all of the decedent’s California real estate combined.

Key facts:

• Waiting period: 6 months from the date of death, per Probate Code Section 13200(a)(6).
• Judicial Council form: DE-305 (Affidavit re Real Property of Small Value).
• The affidavit is filed with the superior court along with an inventory and appraisal, then recorded in the county where the property is located.
• Combining with Path 4 is generally not possible, because the gross value of all California real property usually pushes past the $69,625 cap once a primary residence is included.

Path 6: Full Formal Probate (Probate Code Sections 10800 to 10954)

Formal probate is the court-supervised procedure that California uses when an estate exceeds the simplified-procedure thresholds. Statutory compensation for the personal representative under Probate Code Section 10800 and for the attorney under Probate Code Section 10810 uses the same sliding scale. On a $1,000,000 estate, the combined statutory compensation for the personal representative and the attorney comes to $46,000.

Key facts:

• Typical timeline: 9 to 18 months for an uncontested estate, longer in counties with crowded probate calendars.
• Key milestones: petition to open probate, issuance of Letters, inventory and appraisal, creditor claim period, and final account and petition for distribution.
• Statutory fees are calculated on gross estate value, not net. Mortgage balances are not subtracted.

For a cost calculator on a specific estate value, see our California probate fees overview. A full procedural walkthrough sits at our California probate guide.

How the Decision Tool Works

The tool asks 4 to 6 questions about the decedent’s assets and circumstances. Each answer routes to the next question or to a recommended path. The recommendation is informational only.

Specific situations often involve nuances that require attorney analysis. Common examples include joint tenancy property, named beneficiaries, partially funded trusts, and family disagreements.

All thresholds in the tool reflect California law as of April 1, 2025. Three caps adjusted under the 2025 triennial cycle: the Probate Code Section 13100 personal property cap, the Section 13151 primary residence cap, and the Section 13200 small real property cap. The next scheduled adjustment is April 1, 2028.

When to Talk With a California Probate Attorney

A decision tool can identify the likely procedural path. It cannot weigh facts. The situations below generally call for an attorney review before any filing.

1. The estate includes a business interest, oil and gas rights, mineral rights, or other complex assets.
2. The decedent owned real property outside California. An ancillary probate in the other state may be required.
3. Family members disagree about distribution, the choice of personal representative, or the validity of the will.
4. The decedent’s will is ambiguous, partially revoked, or unsigned.
5. The decedent died without a will and the estate must be distributed under California’s intestate succession rules (Probate Code Sections 6400 to 6402).
6. A trust exists but some assets were never retitled into the trust. A Heggstad petition under Probate Code Section 850 may move untitled assets into the trust without full probate.
7. You are the successor trustee and need help with the 60-day notice, the inventory, or the first-year accounting.