Last verified 2026-07-21; facts checked against the primary sources below

Do I need probate in California?

You may not need formal probate in California if the assets pass outside probate, the countable estate is $208,850 or less, or the main asset is a qualifying primary residence worth $750,000 or less. The correct route depends on how each asset was titled, who was named as beneficiary, the date of death, and the value of the property that remains in the probate estate.

California probate thresholds for deaths on or after April 1, 2025

These two numbers describe different procedures. They should not be combined or used interchangeably.

The Judicial Council's current form DE-300 lists $208,850 for the small-estate affidavit calculation and $750,000 for the primary-residence petition when the person died on or after April 1, 2025. The earlier $184,500 figures apply only to deaths from April 1, 2022, through March 31, 2025. The form says the amounts are next scheduled to adjust on April 1, 2028 unless a statute changes them sooner.

If you are unsure which assets count, use our private two-minute assessment. It is a routing tool, not legal advice.

Which assets normally avoid probate?

Assets generally do not need formal probate when they pass by another valid legal mechanism. Common examples include:

• property already titled in a living trust;
• life insurance and retirement accounts with a living named beneficiary;
• payable-on-death or transfer-on-death accounts;
• property owned in joint tenancy with a surviving joint tenant; and
• certain property passing directly to a surviving spouse.

The exact title and beneficiary record control. A will names who should receive probate property, but a will by itself does not keep that property out of probate.

What counts toward California's $208,850 small-estate limit?

For the $208,850 calculation, start with the gross value of the decedent's real and personal property in California. Then apply the exclusions in Probate Code section 13050, including property held in joint tenancy, property passing to a surviving spouse under specified procedures, vehicles registered with the DMV, and certain compensation. Property included in a primary-residence petition under section 13151 is also excluded from this calculation.

The affidavit procedure is used to collect qualifying personal property, such as a bank account or securities; it does not itself transfer a house or land. Under Probate Code section 13100, at least 40 days must have passed after the death. The person using the affidavit must provide the statements and documents required by section 13101. Banks and other holders may have their own intake forms, but they cannot change the statutory eligibility rules.

How does the $750,000 primary-residence procedure work?

The $750,000 amount applies only to California real property that was the decedent's primary residence. It is not a general $750,000 probate threshold, and it does not make every estate under $750,000 eligible to avoid court.

If the primary residence's gross value is $750,000 or less and at least 40 days have passed, Probate Code section 13151 allows a successor to ask the superior court for an order determining succession to that property. This uses form DE-310 and is a simplified court petition rather than full probate administration.

When is formal probate usually required?

Formal probate is commonly the route when countable probate property is above $208,850, a primary residence does not qualify for the section 13151 procedure, another simpler transfer procedure does not fit, or a court must appoint a personal representative to administer the estate.

The California Courts describe formal probate as a court-supervised process for gathering property, paying debts and taxes, and transferring the remaining property to the people entitled to receive it.

What should I do before filing anything?

Make one asset list with four columns: asset, approximate value, exact title, and named beneficiary. Do not count the same asset twice. Do not assume every account owned by the person who died belongs in probate.

Then compare the assets that remain with the current limits in form DE-300. Use the amount for the date of death, not today's date. If the title is unclear, there is a dispute, or the estate is close to a threshold, ask a California probate attorney to confirm the route before you sign an affidavit or petition.

Next: See the full California executor checklist or compare probate and trust administration.