No. Not every estate in California requires a full, court-supervised probate. Whether probate is required, and how much of it, depends on how the deceased person’s assets were owned, their value, and who’s inheriting them. Some estates avoid probate entirely. Others qualify for a shorter court process. Others still need standard probate from start to finish.
If you’ve already confirmed that probate is required and you’re trying to understand the process itself, our guide to the California probate process for real property walks through that in detail. This page is meant to answer the question that usually comes first: does this estate need to go through probate at all?
Do All Estates Go Through Probate in California?
Prefer to listen? This short audio summary explains why not every California estate requires formal probate. Learn how living trusts, joint tenancy, rights of survivorship, beneficiary designations, transfer-on-death deeds, and spousal property procedures may allow certain assets to transfer through a different process.
The audio also discusses simplified procedures for qualifying estates and California primary residences, along with the importance of checking the date of death, current statutory limits, property title, and estate documents. Listen to the overview below, then read the complete guide to learn when formal probate may—or may not—be necessary.
Audio length: Approximately 1 minute
Presented by: EZ Casa Buyer
Topic: Whether all California estates must go through probate
Quick Answer
An estate generally avoids formal probate when assets were held in a living trust, in joint tenancy, with a payable-on-death or transfer-on-death designation, or pass to a surviving spouse or domestic partner through a spousal property petition. Smaller estates, and a decedent’s primary residence up to $750,000 in value, may qualify for a simplified court procedure instead of full probate. Everything else, generally speaking, requires standard probate administration.
Assets That Typically Avoid Probate Entirely
Certain ways of holding property are specifically designed to bypass probate, regardless of the asset’s value.
Property in a living trust. If the deceased placed assets, including real estate, into a revocable living trust before death, those assets generally pass to the named beneficiaries through the trust, administered by the successor trustee, without court involvement. This is one of the most common ways families avoid probate altogether, assuming the trust was properly funded, meaning the assets were actually retitled into the trust’s name during the person’s lifetime.
Joint tenancy property. Real estate or accounts held in joint tenancy with right of survivorship generally pass automatically to the surviving joint owner. The surviving owner typically files an affidavit of death with the county recorder rather than going through court.
Community property with right of survivorship. Married couples in California can hold property this way, which functions similarly to joint tenancy for probate purposes.
Payable-on-death and transfer-on-death accounts. Bank accounts, brokerage accounts, and similar assets with a named beneficiary generally transfer directly to that person once the institution is notified of the death, without probate.
Retirement accounts and life insurance with named beneficiaries. These pass according to the beneficiary designation on file, independent of probate, unless the estate itself is named as the beneficiary.
A revocable transfer-on-death deed. California allows a homeowner to record a revocable transfer-on-death deed naming who should receive their home after death. This applies to 1-to-4-unit residential property, a condominium, or up to 40 acres improved with a single-family home. When properly recorded before death, the property passes to the named beneficiary without probate. This option is currently authorized through January 1, 2032, under the law’s sunset provisions.
A Surviving Spouse or Domestic Partner Has a Faster Path
When property passes from a deceased spouse or registered domestic partner to the survivor, California offers a spousal or domestic partner property petition under Probate Code Sections 13500 through 13660. This applies whether the property passes by will, by intestate succession, or under California’s community property rules.
Unlike the small estate procedures described below, there’s no dollar limit on a spousal property petition. It can apply to a modest estate or one worth millions, as long as the property is genuinely passing to the surviving spouse or partner. The process involves filing a single petition and attending one court hearing, which is considerably faster and less expensive than a full probate administration, since it skips the appointment of a personal representative, the creditor claim period, and the extended timeline that comes with standard probate.
This petition is specific to spousal and domestic-partner transfers. It doesn’t apply when property is passing to children, siblings, or other heirs.
Smaller Estates May Qualify for a Simplified Procedure
If the estate doesn’t qualify for one of the probate-avoidance categories above, its size and composition still matter. California offers simplified procedures for smaller estates that still require some court involvement, but far less than full probate.
Small estate affidavit for personal property. Under Probate Code Section 13100, if the decedent’s personal property, bank accounts, vehicles, and similar assets, falls below a set dollar threshold, heirs can collect it using a sworn affidavit rather than opening a probate case. As of this writing, that threshold is $208,850 for deaths occurring on or after April 1, 2025. This figure adjusts periodically under a statutory schedule, so it’s worth confirming the current amount before relying on it. A mandatory 40-day waiting period after the date of death applies before the affidavit can be used.
Petition to determine succession to real property, for a primary residence. Under Probate Code Sections 13150 through 13158, a decedent’s primary residence valued at $750,000 or less may qualify for a simplified court petition rather than full probate. This still requires a court hearing, an inventory and appraisal of the property, and notice to interested parties, but it moves considerably faster than standard probate. This threshold applies to deaths on or after April 1, 2025, following changes made by Assembly Bill 2016.
Affidavit for real property of small value, for property other than a primary residence. Under Probate Code Sections 13200 through 13211, real property that isn’t the decedent’s primary residence, and whose value falls below a separate, lower threshold, may qualify for an affidavit procedure that avoids a court hearing entirely. Because this threshold is smaller and specific to the property type, confirm the current figure with the Superior Court or an attorney rather than assuming an amount.
These simplified procedures generally can’t be used if a full probate has already been opened for the estate, and they come with their own eligibility rules, so it’s worth confirming which one actually fits your situation before relying on it.
When Full Probate Is Required
If none of the above applies, the estate generally needs to go through standard, court-supervised probate. This is common when:
- The estate includes real property above the applicable thresholds and it wasn’t held in a trust, joint tenancy, or with a transfer-on-death deed
- There’s no surviving spouse or domestic partner for the spousal property petition to apply to
- The estate includes a mix of asset types whose combined value exceeds the small estate thresholds
- Multiple heirs are involved and there’s disagreement about how assets should be handled
- The will is being contested, or there’s uncertainty about who the rightful heirs are
Full probate isn’t a sign that anything went wrong. Many estates simply don’t fit into one of the exceptions, especially when a house makes up most of the estate’s value and wasn’t placed in a trust or held jointly during the person’s lifetime.
How to Figure Out Which Category Applies to Your Situation
A practical way to approach this is to go through the estate’s assets one at a time and ask how each one was held.
Was it in a trust? That asset likely bypasses probate. Was it jointly owned, or does it have a named beneficiary? Same answer. Is it passing to a surviving spouse or domestic partner? The spousal property petition is worth looking into. Is what’s left, personal property or a primary residence, under the relevant dollar threshold? A simplified procedure may apply. If none of that fits, that asset likely needs to go through standard probate.
It’s common for one estate to involve a mix of these categories: a bank account with a named beneficiary that transfers instantly, alongside a house that has to go through the primary residence petition or full probate. An attorney or the Superior Court’s self-help resources can help sort out which category applies to each asset, particularly when the estate includes both real property and other assets.
How EZ Casa Buyer Can Help
If the estate does include real property that ends up going through probate, whether through the simplified primary residence petition or a full administration, we work with executors, administrators, and heirs who reach the point where they have authority to sell and want a straightforward option.
We’re familiar with how these different procedures affect a sale, including the difference between a property sold under a simplified petition and one sold through standard probate with full or limited IAEA authority. We’re glad to talk through your specific situation once you know which path applies.
Tell Us About Your Property
Frequently Asked Questions
Does having a will mean the estate avoids probate?
No. A will directs how assets should be distributed, but it doesn’t avoid probate by itself. Assets left through a will generally still go through probate unless they also qualify for one of the exceptions above, such as falling under the small estate threshold.
What if the deceased had a trust, but it wasn’t fully funded?
If assets, including real estate, were never actually retitled into the trust before death, those specific assets generally aren’t protected from probate just because a trust document exists. This is a common and often painful surprise for families, and it’s worth having an attorney review the trust’s funding status early.
Is there a dollar limit on the spousal property petition?
No. Unlike the small estate procedures, the spousal or domestic partner property petition has no dollar ceiling, as long as the property is genuinely passing to the surviving spouse or partner.
What happens if the estate has both a house and other assets?
Each asset is generally evaluated on its own terms. A house might qualify for the primary residence petition while a separate bank account with a named beneficiary transfers automatically, all without opening a full probate case, or the house alone might push the estate into full probate while other assets transfer separately.
Can I use a small estate affidavit if probate has already been opened?
Generally no. The small estate procedures are intended as an alternative to probate, not something used alongside an already-open case.
Does California have an inheritance tax that affects whether probate is required?
California does not have a state inheritance tax or estate tax. Whether probate is required depends on how assets were held and their value, not on tax considerations. Federal estate tax may apply to very large estates, which is a separate question from whether the estate must go through probate.
How do I know if a piece of property was actually placed in a trust?
This is generally confirmed by checking how title is held. A deed search at the county recorder’s office, or a review of the trust’s schedule of assets, can confirm whether a specific property was actually transferred into the trust’s name.
What if I’m not sure which category applies to me?
This is genuinely common, particularly with estates that include a mix of asset types. Speaking with a probate attorney, or reviewing the Superior Court’s self-help probate resources, can help sort out which procedure, if any, fits your specific situation before you file anything.
Where to Go From Here
If you’ve worked through this and it looks like the estate, or at least the real property in it, does need to go through standard probate, our guide to the California probate process for real property explains what comes next, and our guide on how to sell an inherited house in probate walks through the sale process once you have authority to act.
If you’re at the point where you know you’ll need to sell, we’re glad to talk through your options.