California Probate Types: Small Estate vs Full Probate
Find the right probate procedure for your situation
Compare eligibility, timing, court involvement, and local verification points
Main California Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Small Estate Affidavit Probate Code 13100 | Under $208,850 (personal property) | $0 | 40+ days after death | No | No |
Petition to Determine Succession to Primary Residence Probate Code 13151 | Primary residence under $750,000 | $435 | 2-4 months | Primary residence only | No |
Affidavit re Real Property of Small Value Probate Code 13200 | California real property worth $69,625 or less | $45 | 6+ months after death | Yes | No |
Spousal Property Petition Probate Code 13650 | No limit (community property) | $435 | 2-4 months | Yes | No |
Full Probate Probate Code 8000+ | Over $208,850 or complex estates | $435 + statutory fees | 9-18 months | Yes | Recommended |
* Filing fees are uniform across all California counties.
Side-by-Side Comparison
Small Estate Affidavit
Probate Code 13100
Small estates with bank accounts, vehicles, personal property
Petition to Determine Succession to Primary Residence
Probate Code 13151
Transferring the decedent’s primary residence without full probate
Affidavit re Real Property of Small Value
Probate Code 13200
Very small parcels or low-value real property that do not need full probate
Spousal Property Petition
Probate Code 13650
Surviving spouse claiming community property
Full Probate
Probate Code 8000+
Large estates, multiple properties, contested estates
Not Sure Which Type Applies to You?
Take our free assessment to compare probate paths and next-step planning points.
Take Free AssessmentFrequently Asked Questions
What are the California probate thresholds?
As of April 1, 2025: the small estate affidavit threshold is $208,850 for personal property, the petition to determine succession to a primary residence applies up to $750,000, and the separate small-value real-property affidavit applies only when the California real property is worth $69,625 or less.
Can I avoid probate entirely in California?
Yes, in many cases. Personal property under $208,850 can use a small estate affidavit without court involvement. A qualifying primary residence can use a court petition under Probate Code section 13151, and very small-value real property can use the separate section 13200 affidavit. Trusts, joint tenancy, and beneficiary designations also bypass probate.
Do I need an attorney for probate in California?
California does not legally require an attorney for any probate type. However, full probate is complex and most people hire an attorney. For simplified procedures, many people handle them successfully without an attorney.
What is the difference between community property and separate property?
Community property is property acquired during marriage. The surviving spouse is typically entitled to all community property. Separate property is property owned before marriage or received as gift/inheritance during marriage.
Sources & Verification
Legal Authority: California Probate Code
Last Verified: March 2026
Filing fees are uniform across all California counties.
This content is for informational purposes only and does not constitute legal advice. Laws and fees may change. Verify current requirements with your local court clerk before filing.