Small estates and the $750,000 home petition
Not every estate needs a full probate. California offers shorter procedures based on what the property is and how much it is worth. The limits below are adjusted every three years and depend on the date of death. The figures shown apply to deaths on or after April 1, 2025.
| Procedure | Limit | What it does |
|---|---|---|
| Small estate affidavit (Probate Code 13100) | $208,850 gross value of the estate | Collects bank accounts, vehicles and other personal property without going to court, at least 40 days after the death. |
| Affidavit re real property of small value (13200) | $69,625 in California real property | Transfers low value real estate with a recorded affidavit, at least six months after the death. |
| Petition to determine succession to primary residence (13151) | $750,000 for the decedent's California primary residence | A single court petition and hearing that transfers the home to the heirs or beneficiaries, instead of a full probate. |
| Spousal or domestic partner property petition (13650) | No dollar limit | Confirms property passing to a surviving spouse or registered domestic partner. |
Source: Judicial Council form DE-300 and the Probate Code. Some property, such as trust assets, joint tenancy property and accounts with a named beneficiary, is excluded when calculating these limits.
The $750,000 home petition
Before April 2025, a house in Orange County almost always meant a full probate if there was no trust. The primary residence petition changed that for many families. The home must have been the decedent's primary residence in California, a probate referee appraises it, and the heirs or beneficiaries file a petition (Judicial Council form DE-310) and attend one hearing. Other property in the estate does not disqualify the house; it is handled separately. Read the full explanation.
Which option fits
The right choice depends on everything the decedent owned and how each item was titled. A quick review often saves months. Using a small estate procedure when the estate does not qualify can create problems with title companies and banks later.
Common questions
Does the $208,850 limit include the house?
Yes. The small estate affidavit limit counts the gross value of the decedent's California real and personal property, excluding certain assets like trust property and accounts with a named beneficiary. A home worth more than the limit may qualify for the separate primary residence petition instead.
Is the home value based on the mortgage balance?
No. The limits use gross value, not equity. A $700,000 home with a $500,000 mortgage counts as $700,000.
What if the person died before April 1, 2025?
Lower limits apply to earlier deaths, and the primary residence petition generally applies to deaths on or after April 1, 2025. Call and the office will check which limits apply.