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; deaths on or after April 1, 2025 - $184,500 for earlier deaths) | $0 | 40+ days after death | No | No |
Petition to Determine Succession to Primary Residence Probate Code 13151 | Primary residence under $750,000 (deaths on or after April 1, 2025 only) | $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 (deaths on or after April 1, 2025; $61,500 for earlier deaths) | $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 the small-estate limit for the date of death, 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?
Use the California assessment to compare probate paths and next-step planning points.
Take the California AssessmentFrequently Asked Questions
What are the California probate thresholds?
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.
Can I avoid probate entirely in California?
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.
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 is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.