More California Estates Can Skip Probate in 2026—Here’s the New Math

California has significantly expanded the pathway to avoid full probate, and the numbers matter for practitioners and clients alike.

The New Thresholds

Under Assembly Bill 2016, which took effect April 1, 2025, California now allows estates to bypass traditional probate if:

• Real property (decedent’s primary residence) is valued at $750,000 or less, AND
• Non-real estate assets total $208,850 or less

For qualifying estates, heirs may file a Petition to Determine Succession to Real Property instead of opening a full probate administration.

Why This Matters

In a state where median home values routinely exceed $700,000, the previous thresholds excluded most homeowners from simplified procedures. The $750,000 real property limit now captures a meaningful segment of California estates—particularly in areas outside the most expensive coastal markets.

For a surviving spouse or child inheriting a modest family home with limited other assets, the difference is substantial:

Practical Application

The thresholds are determined as of the date of death, not current market value. For practitioners, this means:

1. Obtain accurate valuations early in the process
2. Consider both real and personal property against respective limits
3. Evaluate whether simplified procedures apply before defaulting to full probate
4. Counsel clients on planning opportunities to stay within thresholds

The Planning Angle

For living clients, these thresholds inform trust planning decisions. A client with a home valued near $750,000 might weigh the cost of trust administration against the now-simplified probate alternative. The calculus has changed.

Bottom Line

California’s expanded small estate procedures mean more families can settle estates faster and with less expense. Attorneys who understand these thresholds can deliver better outcomes for clients on both sides of estate administration.