Effective April 1, 2025

What is probate?

Probate is a legal process that addresses the affairs of a deceased individual, ensuring a decedent’s assets are managed and distributed in accordance with the will, if one exists, or according to state laws in the absence of a will. This process includes validating the will, identifying and appraising the deceased’s assets, settling outstanding debts and taxes, and distributing the remaining assets to the designated beneficiaries.

As of April 1, 2025, AB 2016 has changed how small estates, upon a person’s death, can be administered in California and seeks, among other changes, to simplify the process for, and to reduce the cost of, transferring title to the decedent’s primary residence. Instead of a full probate, the simplified procedure may result in an order determining succession in favor of the entitled heirs at a fraction of the time and expense of a full probate.

For deaths on or after April 1, 2025, the key changes include:

– Primary Residence Excluded from Small Estate Affidavit Threshold:
The decedent’s primary residence, valued up to $750,000, will no longer count toward the $184,500 threshold needed for
using a Small Estate Affidavit. This allows heirs to claim personal property without probate, even if the estate’s total value
exceeds $184,500, provided the primary residence meets the requirements.

– Higher Threshold for Petition for Determining Succession to Real Property:
Previously, this petition was available only for estates under $184,500. With AB 2016, a decedent’s primary residence
(valued up to $750,000) may also qualify for this expedited court process.

– Increased Estate Value Limit for Summary Procedures:
The maximum estate value for using summary probate procedures will rise significantly—from $184,500 to $934,500. This includes up to $750,000 for a primary residence and up to $184,500 for personal property.

There are several requirements that must be met to transfer the decedent’s primary residence through this simplified process, including but not limited to the filing of a petition with the court, providing notice to heirs and devisees, and completing an inventory and appraisal. Consultation with an appropriate probate attorney is advised.

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