California Probate Types: Small Estate vs Full Probate

California sets the thresholds by the date of death, not the filing date (Judicial Council form DE-300). For deaths on or after April 1, 2025: the small estate affidavit threshold is $208,850, the petition to determine succession to a primary residence applies up to $750,000, and the small-value real-property affidavit applies up to $69,625. For deaths between April 1, 2022 and March 31, 2025, the limits are $184,500 and $61,500, and the $750,000 primary-residence option does not apply.

Yes, in many cases. Personal property within the small-estate limit for the date of death ($208,850 for deaths on or after April 1, 2025) can use a small estate affidavit without court involvement. For deaths on or after April 1, 2025, 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.

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.

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.