April 1, 2025 marks a turning point in California’s probate laws. Under Assembly Bill 2016, the state significantly expanded who can avoid full probate—especially for families dealing with a home of modest value. If you or your clients own real property in California, this change matters.

What’s Changing

  1. Primary Residence Limit Raised to $750,000 One of the most significant changes is in Probate Code § 13150 et seq., which now allows heirs to transfer a decedent’s primary residence (if valued at $750,000 or less) via a Petition to Determine Succession to Real Property, rather than going through a full probate. In effect, for deaths on or after April 1, 2025, if the decedent’s home in California is worth $750,000 or less, the heirs may qualify for this streamlined process.
  2. Higher Small Estate Personal Property Threshold. Also under AB 2016, the small-estate threshold for personal property is bumped up. Previously, estates under $184,500 could use simplified procedures for non-real property assets. The new threshold becomes $208,850 (adjusted for inflation). This means more estates will qualify to use the small estate affidavit route (for bank accounts, cars, personal property) without full probate.
  3. Only the Primary Residence Qualifies: A crucial limitation: the new relief under §13150 applies only to the decedent’s principal home in California. Secondary residences, rental homes, vacation properties, or commercial real estate do not qualify under this new exemption.

Why This Matters

  • Cost Savings & Speed: The new process can avoid the delay, expense, and formalities of traditional probate for many heirs.
  • Middle-class Benefit: Given sky-high home prices in many parts of California, raising the limit to $750,000 means more families will fall under this “simplified” eligibility.
  • Still Needs Caution: Estates must meet all the requirements—valuation, proof of primary residence, cooperation of heirs, proper notice, and more. One misstep, and full probate might still be required.

How It Works (in Practice)

  1. Obtain a valuation of the home (by probate referee or court-approved method) to confirm it falls under $750,000. (Value is as of date of death.)
  2. File a Petition to Determine Succession to Real Property under the updated §13150 procedures.
  3. Provide notice to all heirs and interested parties as required by statute.
  4. Attend a hearing (if required) for the court to issue an order transferring title to heirs.
  5. Combine with small estate affidavit for personal property (if eligible) so that virtually all assets (home + personal property) can be handled in a more streamlined way.

Limitations & Things to Watch Out For

  • Date of Death Rule: The property’s value must be assessed as of the decedent’s date of death, not a later or current market value.
  • Liens & Mortgages: The $750,000 threshold is based on gross value—liens or mortgages do not reduce the figure.
  • Only for Deaths After April 1, 2025: The law does not retroactively apply to decedents who died before that date.
  • Primary Residence Requirement: Not every property you own qualifies—must be the decedent’s principal dwelling in California.
  • Heirs Must Cooperate: All interested heirs and devisees may need to sign or consent for the process to proceed cleanly.

What You Should Do Now (For Clients & Attorneys)

  • Review existing estate plans to see whether the main home’s value is under the new $750,000 threshold.
  • Update documents (wills, trust language) to reflect the possibility of using the new streamlining options.
  • Educate heirs and clients about this new tool — it can save time, stress, and money if used properly.
  • Monitor court procedures in local counties to see how judges and local probate divisions implement AB 2016.
  • Be careful around borderline cases—if the value is just over $750,000, you may need backup plans (e.g. trust, partial probate) ready.