California probate law has undergone significant changes, particularly with the implementation of Assembly Bill 2016 (AB 2016), which became effective on April 1, 2025. These changes primarily aim to streamline the estate administration process for many Californians, especially those with smaller estates and primary residences.

Here are the key changes and their implications:

Increased Thresholds for Simplified Procedures:

Small Estate Affidavit Process: The threshold for personal property that can be transferred without formal probate using a small estate affidavit has increased.³
- Previously: $184,500
- Effective April 1, 2025: $208,850 (adjusted for inflation). This allows more estates to use a simplified procedure for assets like bank accounts, vehicles, and personal belongings.
Simplified Transfer for Primary Residences: This is perhaps the most significant change. For the first time, a decedent’s primary residence can qualify for an expedited transfer without full probate under certain conditions.
- New Provision (effective April 1, 2025): If the gross value of the decedent’s primary residence in California does not exceed $750,000, it can be transferred using a “Petition to Determine Succession to Real Property.”
- This is a substantial increase from previous limits that typically forced even modest homes into full probate due to California’s high property values.
- Important Note: This simplified process applies only to the decedent’s primary residence and not to other real estate like vacation homes or rental properties. Also, the death must have occurred on or after April 1, 2025.

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Implications of the New Primary Residence Transfer Process:

Faster and More Affordable: This expedited procedure can significantly reduce the time and cost associated with settling an estate, potentially completing the transfer in a matter of months (e.g., 60-90 days for the petition process) compared to over a year for full probate.
Court Involvement Still Required: While simplified, this process still requires a court petition and hearing.
Notice Requirements: Heirs filing the petition must notify all legal heirs and named beneficiaries, even those not included in the will. This increased transparency can potentially lead to more disputes if not managed properly.
Cooperation is Key: For the simplified process to work smoothly, all heirs and beneficiaries must be located, cooperative, and willing to sign the required documents. Disagreements, missing heirs, or unwillingness to participate will likely necessitate full probate.

Other Notable Points:

Negotiable Fees for Expedited Procedures: In these expedited procedures, attorney fees are negotiable between the client and attorney, unlike full probate proceedings where fees are set by statute based on the estate’s value.
No Replacement for Comprehensive Estate Planning: While these changes are beneficial, they do not negate the importance of a well-thought-out estate plan, such as establishing a living trust. A living trust remains the most effective way to avoid probate entirely, regardless of estate value, and provides more control, privacy, and flexibility.
Federal Estate and Gift Tax Exemption: While not directly a probate law change, it’s relevant to estate planning. The federal estate and gift tax exemption increased in 2024 to $13.61 million per individual (or $27.22 million for married couples). However, this amount is set to drop significantly (to approximately $7 million per individual) on January 1, 2026. This emphasizes the importance of reviewing and updating estate plans, especially for high-net-worth individuals.
Conservatorship Protections: California has also strengthened conservatorship protections, requiring notification to family members if a conservator moves someone to a new facility to prevent elder isolation.

The latest changes in California probate law, particularly AB 2016, offer a welcome simplification for many families with modest estates and primary residences, making it easier and quicker to transfer assets. However, understanding the specific qualifications, requirements, and limitations of these new procedures is crucial. Consulting with an experienced estate planning or probate attorney like Law Office of Antoniette is highly recommended to navigate these changes and ensure your estate plan aligns with your wishes and minimizes potential complications.