California’s New Probate Law: Faster Transfers for the Family Home

ByScott Tepper

One of the questions Scott Tepper has been hearing more often lately is: does my family really have to go through a year of probate court just to keep the house? As of April 2025, the answer for many California families is no. A new state law has changed how quickly a primary residence can pass to a spouse or children after a loved one’s death.

What Changed Under AB 2016

California’s probate process has traditionally been slow, expensive, and public, often taking 9 to 18 months even for straightforward cases. Assembly Bill 2016 (AB 2016) created a new streamlined path specifically for a decedent’s primary residence, allowing many families to avoid full probate altogether and settle the transfer in as little as 2 to 6 months.

The law also raised the small estate affidavit threshold, used for transferring personal property like bank accounts and vehicles without formal probate, from $184,500 to $208,850.

Does Your Family’s Home Qualify?

To use the new streamlined process, a home generally has to meet these conditions:

  • It was the deceased person’s primary residence, not a rental, vacation home, or investment property
  • The property’s gross value is $750,000 or less
  • All heirs can be identified, located, and are in agreement on the transfer

If any one of these pieces is missing, such as a disputed inheritance, a missing heir, or a home valued above the threshold, the estate will still need to go through full probate.

How the New Process Works

Instead of opening a formal probate case, eligible families can file a Petition to Determine Succession to Real Property with the court. This is a shorter, more direct process built specifically for qualifying primary residences, and it is a major reason the timeline has dropped so significantly compared to traditional probate.

What This Law Does Not Do

AB 2016 is a meaningful improvement for families who did not have an estate plan in place, but it has real limits. It only applies to one primary residence under $750,000. It does not cover:

  • Second homes, rental properties, or investment real estate
  • Estates where heirs disagree or cannot be located
  • Families who want to avoid the court process entirely, including public court filings

For those situations, a living trust remains the most reliable way to keep property out of probate court altogether, regardless of value or how many properties are involved.

Get the Right Guidance

Every family’s situation is different, and qualifying for the simplified process depends on details that are easy to get wrong without legal guidance, from how a home’s value is calculated to how heirs are properly identified and notified. Working with an experienced estate planning attorney ensures the paperwork is filed correctly the first time, and helps you decide whether this new process is enough for your family, or whether a trust makes more sense.

Have questions about your situation?

Scott Tepper has been serving Imperial Valley families for over 40 years.

(760) 352-7272