California Small Estate Limit for 2026

I recently had a client, David, come into my office absolutely distraught. He’d meticulously prepared his mother’s estate plan years ago, including a codicil directing his inheritance to a specific charity. He thought he’d done everything right. But the codicil wasn’t properly witnessed – a seemingly small error that invalidated it. The result? His mother’s heartfelt wish went unfulfilled, and he faced a costly legal battle to attempt to rectify the situation, ultimately costing him over $15,000 in legal fees and emotional distress. Stories like David’s are unfortunately common, and often stem from a lack of understanding about California’s probate thresholds and available summary procedures. As an Estate Planning Attorney and CPA with over 35 years of experience here in Moreno Valley, I help clients avoid these painful pitfalls.

What is considered a “small estate” in California, and why does the limit matter?

Understanding the small estate limits is crucial because it determines whether your estate can avoid the full probate process – a potentially lengthy and expensive court proceeding. Probate can tie up assets for months, even years, and significantly reduce the inheritance available to your loved ones. California offers several streamlined procedures for smaller estates, allowing for faster and more cost-effective transfers of assets. For deaths occurring on or after April 1, 2025, the gross value threshold for using a Small Estate Affidavit (Probate Code § 13100) has increased to $208,850. This procedure allows successors to collect personal property without court involvement.

However, it’s vital to understand what is – and isn’t – included in that $208,850 limit. This total MUST NOT include assets held in joint tenancy, trust, or those with named beneficiaries (POD/TOD), but MUST include the value of any real property unless that property is handled via a separate summary procedure.

How does this differ from procedures for a primary residence?

If your primary residence makes up a significant portion of your estate, the $208,850 limit might not be sufficient. Fortunately, California offers a separate procedure for transferring a primary residence. Under AB 2016 (Probate Code § 13151), a primary residence valued up to $750,000 qualifies for a ‘Petition for Succession’ rather than full probate administration. This is a court-filed petition requiring a hearing and a Judge’s Order, but is still a much faster and cheaper process than traditional probate.

It’s essential to distinguish between the Section 13100 affidavit and the Petition for Succession. While the affidavit is an out-of-court process, the Petition requires court intervention. The right approach depends on the specific value of the real property and the overall estate.

What about vacant land or timeshares? Are they subject to a different limit?

Yes, the rules for vacant land and timeshares differ. For real property interests valued at less than $69,625 (the 2025/2026 adjusted limit), successors can file an Affidavit for Real Property of Small Value (Probate Code § 13200) with the Court Clerk and record a certified copy with the County Recorder, completely bypassing the need for a hearing. This is a simple and efficient way to transfer ownership, but the value restriction is considerably lower than the general small estate limit.

If I’m married, can my spouse avoid probate altogether?

In many cases, yes. California allows for a simplified transfer of assets to a surviving spouse. This option allows for the transfer of unlimited assets to a surviving spouse without full probate administration, regardless of the estate’s value. This is accomplished via the Spousal Property Petition (Probate Code § 13650). However, it is strictly for assets passing to a spouse/domestic partner and requires the property be characterized as community property or quasi-community property.

What if I forgot to transfer an asset into my trust? Can it still avoid probate?

This happens more often than you might think – we call it the “Oops” factor. If a decedent intended an asset to be in their trust (e.g., listed on Schedule A) but failed to retitle it, a Section 850 Petition (Probate Code § 850) can obtain a court order confirming the asset as trust property. This ‘cures’ the title defect and avoids a full probate estate for that single asset.

What about Transfer on Death Deeds for my home?

A Revocable Transfer on Death Deed is a valid alternative to probate for residential property, but it MUST be recorded within 60 days of notarization to be valid. Furthermore, beneficiaries assume liability for the decedent’s debts up to the value of the property for 3 years after death. It’s a powerful tool, but requires careful execution and consideration of potential liabilities.

How are vehicles and other personal property handled?

Vehicles and vessels may be transferred outside of probate using the Affidavit for Transfer Without Probate (DMV Form REG 5). The value of the vehicle is excluded from the $208,850 small estate calculation, meaning a high-value car does not disqualify an estate from using summary procedures.

As a CPA, I always emphasize the importance of proper asset valuation for estate planning purposes. The step-up in basis for inherited assets can significantly reduce capital gains taxes, and accurate valuation is crucial for maximizing those benefits. This is where my dual expertise as both an attorney and a CPA provides a unique advantage to my clients.

What separates an efficient California probate process from a drawn-out conflict over authority and assets?

Success in probate court depends less on the size of the estate and more on the accuracy of the petition and the behavior of the fiduciary. Whether the issue is a forgotten asset, a contested creditor claim, or a disagreement among siblings, understanding the procedural triggers for court intervention is the best defense against prolonged administration.

To initiate the case correctly, you must connect the filing steps through how to file for probate, confirm the location using proper probate venue, and ensure no interested parties are missed by strictly following probate notice requirements rules.

California probate is most manageable when authority is documented early, assets are classified correctly, and procedure is followed consistently from petition through closing. When the process is approached with realistic expectations about notice, claims, accounting, and dispute risk, the estate is more likely to move toward closure without avoidable conflict or delay.

Verified Authority on California Probate Alternatives

• Personal Property Affidavit ($208,850 Limit): California Probate Code § 13100 (Small Estate Affidavit)
  For deaths on or after April 1, 2025, the gross value threshold for using a Small Estate Affidavit has increased to $208,850. This procedure allows successors to collect cash, stocks, and personal items without court involvement. Warning: This total MUST NOT include assets held in joint tenancy, trust, or those with named beneficiaries (POD/TOD), but MUST include the value of real property unless handled via a separate summary procedure.
• Primary Residence Succession (AB 2016): California Probate Code § 13151 (Petition for Succession)
  You must distinguish between the Affidavit for Real Property of Small Value (strictly for property <$69,625) and AB 2016. Under AB 2016, a primary residence valued up to $750,000 qualifies for a ‘Petition for Succession’ rather than full probate. This is a court-filed Petition requiring a Judge’s Order, though it is significantly faster than full administration.
• Spousal Property Petition (Unlimited): California Probate Code § 13650 (Spousal Transfers)
  This powerful alternative allows for the transfer of unlimited assets to a surviving spouse or domestic partner without full probate administration, regardless of the estate’s value. It is strictly for assets passing to a spouse and requires the property be characterized as community property or quasi-community property.
• Trust Assets & The “Heggstad” Petition: California Probate Code § 850 (Heggstad Petition)
  If a decedent intended an asset to be in their trust (e.g., listed on Schedule A) but failed to retitle it (the “Oops” factor), a Section 850 Petition can obtain a court order confirming the asset as trust property. This “cures” the title defect and avoids opening a full probate estate for that single asset.
• Vacant Land & Timeshares: California Probate Code § 13200 (Real Property of Small Value)
  For real property interests valued at less than $69,625 (the 2025/2026 adjusted limit), successors can file an Affidavit for Real Property of Small Value with the Court Clerk and record a certified copy with the County Recorder. This completely bypasses the need for a hearing or judge’s order.
• Vehicle & Vessel Transfers (DMV): DMV Form REG 5 (Affidavit for Transfer Without Probate)
  Vehicles and vessels may be transferred outside of probate using the Affidavit for Transfer Without Probate (REG 5). Critically, the value of the vehicle is excluded from the $208,850 small estate calculation, meaning a high-value car does not disqualify an estate from using summary procedures.
• Digital Asset Access (RUFADAA): California Probate Code § 870 (RUFADAA)
  Even in summary administration, digital assets can be locked. Without specific RUFADAA language (Probate Code § 870) in your Will or Trust, service providers like Coinbase and Google can legally deny successors access to digital wallets and accounts, forcing a full probate just to retrieve them.