California Probate Threshold 2025: The New Limits That Could Keep You Out of Court

Two significant threshold changes took effect in California on April 1, 2025, and if you're settling an estate right now—or if someone died after that date—they may change your entire approach to asset transfers.

The changes are documented in Judicial Council Form DE-300, which sets the official dollar limits for simplified probate procedures. This reference is updated every three years for inflation, and the 2025 revision also reflected a major legislative change under Assembly Bill 2016. Together, they determine whether you spend 12 to 18 months in formal probate or resolve the estate in weeks.

The Two Key Thresholds to Know

1. Personal Property: $208,850

For estates where the decedent's probate-subject personal property (cash, bank accounts, investments, vehicles excluded) has a gross value of $208,850 or less, heirs can use a Small Estate Affidavit under California Probate Code Sections 13100–13106.

This means no court filing, no attorney fees, no probate referee appraisal, and no months-long process. An heir with the right to inherit simply presents the affidavit and a death certificate directly to the financial institution. There is a mandatory 40-day waiting period from the date of death before the affidavit can be used—but after that, assets can typically be collected within days.

The previous threshold (before the April 2025 inflation adjustment) was lower. The $208,850 figure applies to all deaths occurring on or after April 1, 2025. It remains in effect through March 31, 2028, when the next triennial adjustment will occur.

2. Primary Residence: $750,000 (New Under AB 2016)

This is the genuinely transformational change. Under Assembly Bill 2016, which became effective April 1, 2025, California now allows a primary residence with a gross value of $750,000 or less to be transferred through a simplified court petition rather than full formal probate.

The governing form is DE-310: Petition to Determine Succession to Property (Probate Code Sections 13150–13157).

Previously, this pathway had a much lower cap, making it available only for modest properties. The jump to $750,000 dramatically expanded eligibility, particularly for inland California markets where median home values in many areas fall in the $400,000–$700,000 range.

The Critical Rule: Gross Value, Not Net Equity

Both thresholds use gross fair market value as of the date of death. Mortgages, liens, and debts are completely irrelevant to the calculation.

This is the most common misconception in California probate. A home worth $700,000 with a $600,000 mortgage does not have a $100,000 "value" for threshold purposes. Its gross value is $700,000—which falls under the $750,000 DE-310 threshold. You can use the simplified petition.

A home worth $900,000 with a $700,000 mortgage has a gross value of $900,000. It exceeds the $750,000 threshold. You are in full formal probate.

The distinction matters enormously because it directly determines whether the estate faces:

• A simplified petition completed in weeks versus a formal process lasting 12–18 months
• Minimal court costs versus $46,000+ in statutory fees on a $1,000,000 estate

What Counts Toward Each Threshold?

Personal Property Affidavit ($208,850)

The calculation includes:

• Bank and credit union accounts in the decedent's name alone
• Brokerage accounts without named beneficiaries
• Personal property (furniture, jewelry, collectibles)
• Cash equivalents and uncashed checks

The calculation excludes:

• Vehicles, vessels, and mobile homes registered with the DMV (these have their own transfer mechanism via Form REG 5)
• Property held in a living trust
• Joint tenancy property passing to the surviving co-owner
• Accounts with payable-on-death (POD) designations
• Retirement accounts (IRAs, 401(k)s) with named beneficiaries
• Life insurance policies with named beneficiaries

Community property passing to a surviving spouse is also excluded. The threshold calculation covers only probate-subject assets.

Primary Residence Petition ($750,000)

Additional eligibility requirements for DE-310 beyond the dollar limit:

• The property must have been the decedent's primary residence at death—not a rental property, vacation home, or commercial property
• The petitioner must be a "successor" under Probate Code Section 13006—typically a person who would inherit under a will or under intestate succession
• A mandatory 6-month waiting period from the date of death before the petition can be filed (longer than the 40-day wait for the personal property affidavit)
• A formal court hearing is required (unlike the personal property affidavit, which involves no court)
• A declaration of property value must be submitted; the court may order a full probate referee appraisal

The Hidden Liability Warning for DE-310

The primary residence petition looks like a clear win—skip formal probate, avoid statutory fees, get the house transferred faster. But it carries a risk that formal probate does not: personal liability for the decedent's debts.

Formal probate has a strict four-month creditor claim window. Creditors who fail to file within that period are permanently barred. DE-310 bypasses this creditor notification and cutoff process entirely.

When heirs use DE-310 to take title to the primary residence, they become personally liable for the decedent's unsecured debts—medical bills, credit cards, personal loans—up to the fair market value of the property transferred.

For estates where the deceased had no significant unsecured debt, this liability is theoretical. For estates where there are substantial outstanding bills or where Medi-Cal recovery may apply, the formal probate creditor process can actually protect heirs from unlimited exposure. The choice between DE-310 and formal probate involves weighing the fee savings against the liability exposure—a calculation that depends entirely on the specific facts of the estate.

Can You Use Both Thresholds Together?

Yes. The personal property affidavit ($208,850) and the primary residence petition ($750,000) operate independently. A strategic executor managing a qualifying estate could theoretically transfer:

• Personal property up to $208,850 via affidavit (no court, 40-day wait)
• Primary residence up to $750,000 via DE-310 (single court hearing, 6-month wait)

That means a combined gross estate approaching $958,850 could potentially be transferred outside formal probate if the assets are properly categorized and all eligibility requirements are met.

This is not automatic. Each procedure has its own requirements, waiting periods, and legal restrictions. But for mid-range California estates—particularly those dominated by a single family home and modest financial accounts—the 2025 threshold changes make it worth examining whether formal probate is truly unavoidable.

What the Thresholds Do Not Change

The new thresholds do not affect:

• Estates with gross values above the limits—those still require full formal probate
• The statutory fee structure for formal probate (4%/3%/2% on gross value, applied to both executor and attorney)
• The probate referee requirement for non-cash assets in formal probate
• The four-month creditor claim window
• The mandatory 90-day notifications to the Franchise Tax Board and Department of Health Care Services (Medi-Cal recovery)

If formal probate is unavoidable, the process and fees remain the same regardless of when the death occurred.

For Deaths Before April 1, 2025

If the decedent died before April 1, 2025, the lower pre-AB 2016 thresholds apply. You cannot retroactively apply the new limits to estates where death occurred under the prior rules. Verify the date of death before assuming you qualify for the new $750,000 primary residence threshold.

The California Probate Process Guide includes a triage worksheet for calculating gross estate value and determining which procedure applies based on the date of death and asset composition.

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