California's Small Estate Shortcut: Skipping Probate Under the Threshold

What are California's small estate shortcuts?

Not every estate has to endure full probate — the court process that commonly takes 9–18 months and generates statutory fees on the gross estate (see probate without a will in California and our probate fees calculator). California gives small estates two express lanes, both expanded by AB 2016 effective April 1, 2025:

Both thresholds adjust periodically under Probate Code § 890 and related provisions — the figures above apply to deaths on or after April 1, 2025 and are current as of 2025–2026 (verify the current figure before relying on it).

What did AB 2016 change in April 2025?

Before AB 2016, the small-estate system had a hard problem: California home values pushed almost any estate with real property over the limit, forcing full probate. AB 2016 (signed September 2024, effective for deaths on or after April 1, 2025) restructured the shortcuts:

• A $750,000 lane for the family home. Probate Code § 13151 now lets the decedent's successors petition the superior court to transfer the decedent's primary residence — gross value up to $750,000 — without a full probate administration.
• The affidavit limit stays separate. The § 13100 affidavit covers up to $208,850 of qualifying property (the inflation-adjusted figure for deaths on or after April 1, 2025), and property transferred through a § 13151 petition is excluded from that calculation.
• Combined effect: a family whose estate is a $700,000 home plus $150,000 of bank and brokerage accounts — over $850,000 in total — can now potentially avoid full probate using the two lanes together.

How does the small estate affidavit actually work?

The § 13100 affidavit is refreshingly simple. Once 40 days have passed since the death, the decedent's successors sign a declaration under penalty of perjury stating that the estate qualifies and that they are entitled to the property. They present it — with a certified death certificate and, for some assets, an inventory and appraisal — directly to the bank, brokerage, or other holder of the asset, which must then turn the property over. No judge, no hearing, no letters of administration.

The affidavit works with or without a will: the "successors" are the will's beneficiaries if one exists, or the heirs under the intestacy statutes if not. Who those heirs are is exactly what our complete who-inherits chart maps out, and the shares for spouses are explained in does a surviving spouse inherit everything in California?

What counts toward the $208,850 limit — and what doesn't?

The limit measures the gross value of the decedent's real and personal property in California — but Probate Code § 13050 excludes a long list of items, which keeps many estates eligible:

• Property held in joint tenancy
• Assets held in a living trust
• Life insurance, retirement accounts, and other assets with named beneficiaries
• Multiple-party and payable-on-death (POD) accounts
• Property passing outright to a surviving spouse or registered domestic partner
• Registered vehicles and vessels, certain unpaid salary, and — since AB 2016 — a primary residence transferred under § 13151

Does the shortcut mean I don't need a will?

No — they solve different problems. The small estate procedures decide how property moves (fast, without a judge). They do not decide who gets it. Without a will, the affidavit simply delivers your property to whomever the intestacy formula selects — the same formula, with the same surprises, described in our pillar guide to what happens if you die without a will in California. An unmarried partner or stepchild still receives nothing; a will is what changes that.

A will also names your executor and a guardian for minor children — decisions no affidavit can make. If you haven't made one, start with how to make a will in California.

Frequently asked questions