Does a $750,000 Home Have to Go Through Probate in California?

Short Answer

No, not always. In California, a $750,000 home may avoid a full probate case if it was the decedent’s primary residence, the decedent died on or after April 1 2025, and the estate qualifies for the streamlined process created by Assembly Bill 2016. The proper court filing is usually a Petition to Determine Succession to Primary Residence, and California Courts identifies this procedure under Probate Code sections 13151-13154 for a main home that meets the applicable value limit.

However, the home does not transfer automatically. The heirs still need to follow the probate code, file the correct legal documents, obtain a probate referee appraisal, give required notice, attend or address the court hearing, and obtain a court order. If the house does not qualify, the family may still need traditional probate.

Introduction

Many families ask the same question after a loved one dies: does a $750,000 home have to go through probate in California? The answer depends on the death date, the type of property, the residence value, and whether the property was the decedent’s primary residence.

California probate laws changed significantly because of Assembly Bill 2016, also called AB 2016. This law created a game-changing but limited option for families who need to transfer a qualifying home after passing away. Before the update, many estates with California homes were pushed into a full probate case because the old threshold was too low for modern real estate values. Now, in the right situations, families may use alternative procedures to avoid probate or avoid full probate.

Still, the new law does not eliminate the legal process. It makes the process easier in qualifying matters, but it does not remove court involvement. The family may still need a petition, a court date, a court hearing, an appraisal, and a court order to transfer property.

Moravec Varga & Mooney is a California law firm offering Probate, Trusts & Wills, Trust Administration, Medi-Cal Planning, Pre & Post Nuptial Agreements, and Estate Tax legal services. This article explains the main rule, the AB 2016 updates, the $750,000 threshold, the appraisal requirement, the role of heirs, and the situations where a standard probate case may still be necessary.

The Main Rule for a $750,000 Home in California

The main rule is this: a California home valued at $750,000 or less may qualify for a streamlined process if it was the decedent’s primary residence and the decedent died on or after April 1 2025. AB 2016 amended several sections of the probate code, including Section 13100 and the real property succession procedures, and the enrolled bill states that the new petition procedure applies to real property that was the decedent’s primary residence in California and has a gross value of $750,000 or less.

This means the answer is not simply “yes” or “no.” A $750,000 home does not automatically require a full probate case, but it also does not automatically transfer to heirs without a court filing. The estate must qualify, and the court must approve the transfer.

The rule applies to the decedent’s primary residence. Therefore, the new threshold does not generally apply to every house, vacation home, rental property, commercial property, or investment property. If the property was not the main home, the family may need to look at other probate laws, other small estates procedures, or traditional probate.

What Assembly Bill 2016 Changed

Assembly Bill 2016 made the California probate process easier for many families by increasing the value limit for a qualifying primary residence. The California Courts self-help guide explains that for deaths on or after April 1, 2025, a main home worth up to $750,000 may be transferred through a court order determining succession without going through the full probate process.

Before these updates, many families had limited options. A residence worth more than the older small estate amount often required a standard probate case, even when the heirs agreed and the estate was simple. Because California home values are high, the old limit did not help many homeowners.

AB 2016 changed that by creating a higher value limit for homes that qualify as a primary residence. This increase can significantly reduce cost, delay, and court involvement. In many situations, it may help families transfer property quickly and cost-effectively instead of waiting months or more than a year for a full probate case.

However, AB 2016 is not a complete probate exclusion for all homes. The law creates a succession petition procedure. It still requires court action, notice, an appraisal, and proper legal documents. Therefore, families should treat the new procedure as a formal legal process, not an automatic exemption.

What “Primary Residence” Means

The new $750,000 rule focuses on the decedent’s primary residence. A primary residence is generally the person’s main home. However, AB 2016 also states that “primary residence” is not limited to the decedent’s residence at the time of death, which may matter when someone moved to a care facility, hospital, assisted living, or a family member’s home before passing away.

This detail is important because many probate situations involve older adults who no longer lived in the house at the exact time of death. For example, a parent may have lived in a Los Angeles home for 30 years, then moved to a nursing facility during the final months of life. The house may still qualify as the main home depending on the facts.

Families should gather evidence showing that the residence was the decedent’s main home. Useful information may include tax records, voter registration, driver’s license address, utility bills, homeowner insurance, mail, medical records, or other documents showing the decedent’s connection to the home. In contested matters, these details may affect whether the estate qualifies.

The Petition to Determine Succession to Primary Residence

The key filing is the Petition to Determine Succession to Primary Residence. The Judicial Council’s DE-310 form asks the petitioner to identify the decedent, state the date of death, confirm that 40 days have passed, identify whether the decedent died with or without a will, list heirs, describe the real property, and attach the required appraisal.

This petition asks the probate court to determine that the property passes to the petitioner or petitioners. If the court approves the petition, the order can help transfer ownership of the residence without a full probate case.

The petition is not the same as opening a standard probate case. In a standard probate case, the court appoints a personal representative, supervises estate administration, addresses creditor claims, and authorizes distributions. By contrast, the succession petition is a narrower procedure designed to transfer a qualifying primary residence through a streamlined process.

Even so, the court filing must be accurate. The petition must include the names of heirs, the basis for inheritance rights, the property description, the appraised value, and the facts showing why the home qualifies. If the petition is incomplete, the court may delay the hearing or require corrections.

The 40-Day Waiting Period

The family cannot usually file and finish the process immediately after death. Probate Code section 13154 requires at least 40 days to pass after the death of the decedent before the court can issue the order under this procedure.

During this waiting period, heirs can gather the death certificate, deed, mortgage information, will or trust documents, names of heirs, addresses, property records, and appraisal information. This preparation can prevent delays after filing.

The 40-day rule is important because a rushed filing may create problems. A court may reject or continue a petition if the statutory waiting period has not passed, if required documents are missing, or if the petitioner cannot show who has the right to inherit.

How the Court Determines the $750,000 Value

The $750,000 limit depends on the gross value of the residence, not the net equity. Probate Code section 13152 requires an inventory and appraisal, and the appraisal must be performed by a probate referee selected from the probate referees appointed for the county where the real property is located.

This value determination can surprise families. A house may have a $400,000 mortgage and still fail to qualify if the property value is above $750,000. Mortgages, liens, and secured debts may affect inheritance and sale proceeds, but they generally do not reduce the gross value used for the $750,000 threshold.

The appraisal usually looks at the value at the date of death, not the current value on the date of sale or the date of the court hearing. Therefore, the family should preserve important evidence about the property's condition at the time of death. Pictures, repair estimates, deferred maintenance records, comparable property reports, and realtor information may help explain the home’s condition and market context.

A realtor may visit the property, review comparable sales, and provide helpful selling property information. However, the court process generally depends on the professional probate referee appraisal. If the appraised value is $750,000 or less, the estate may qualify. If the appraised value is higher, avoiding full probate may become more difficult.

Heirs, Cooperation, and Signing the Petition

The succession petition depends heavily on heir identification and cooperation. The petition must disclose the names of heirs, beneficiaries, devisees, and other people who may have inheritance rights. The court must know who is entitled to receive the residence and whether anyone objects.

If there is a will, the will may identify who receives the house. If there is no will, California intestate succession law controls who inherits. That may include a surviving spouse, children, grandchildren, parents, siblings, or other relatives, depending on the family structure.

Full cooperation can make the process faster. If all heirs agree, sign court documents when necessary, and support the petition, the case may move more smoothly. If heirs disagree, refuse involvement, challenge the property value, dispute ownership, or question the decedent’s estate plan, the matter may become contested.

In a contested case, the court may need more evidence or may determine that a standard probate case is more appropriate. Therefore, families should address heir issues early instead of waiting until the court hearing.

Section 13100 and Small Estates Procedures

Section 13100 is a separate small estates procedure that can apply to personal property, such as bank accounts, vehicles, and other non-real-estate assets. California Courts explains that Probate Code sections 13100 and 13101 allow collection or transfer of personal property without a full probate process if the estate is under the applicable limit, and for deaths on or after April 1, 2025, the listed limit is $208,850.

This is different from the $750,000 primary residence rule. The residence rule applies to a qualifying primary residence. Section 13100 applies to certain personal property. As a result, a family may use one procedure for the home and another procedure for cash or other assets.

Some families ask whether they can combine the $750,000 home rule with other small estate rules. In some situations, there may be more property exempt from full probate because different procedures apply to different assets. However, the analysis must be done carefully. Combined assets, cash, vehicles, investment accounts, and non-residence real estate may change the probate options.

When a Full Probate Case May Still Be Required

A $750,000 home may still require traditional probate in several situations. First, the house may not qualify if the gross value exceeds the $750,000 threshold. Second, the property may not qualify if it was not the decedent’s primary residence. Third, a death before April 1, 2025, may fall under older limits.

Traditional probate may also be necessary if the estate includes other significant property, if there are disputes among heirs, if the will is contested, if a creditor's claim requires formal administration, or if ownership is unclear. For example, if the decedent owned a residence, a rental property, and substantial bank accounts, the primary residence petition may not solve the entire estate administration problem.

Additionally, the streamlined process does not fix poor estate planning. If a living trust exists but the house was never transferred into the trust, the family may still need a court procedure. If there is no trust, no transfer-on-death deed, no joint tenancy, and no other probate avoidance tool, the family must evaluate the probate process carefully.

How a Living Trust Can Still Help Avoid Probate

AB 2016 makes probate easier in certain cases, but estate planning still matters. A living trust can help families avoid probate more predictably because the trust can hold title to the residence and other assets before death. When properly funded, a trust may allow a successor trustee to handle trust administration without opening a probate case.

This matters because the $750,000 rule has limits. It does not apply to every property. It does not eliminate disputes. It does not automatically transfer title. It does not remove the need for careful legal documents. A living trust may be a better option for homeowners who own property above the threshold, own multiple properties, have blended families, want privacy, or want clearer instructions for succession.

Estate planning also helps with Medi-Cal Planning, Estate Tax, Trust Administration, and family protection. Therefore, families should not view AB 2016 as a substitute for a complete plan. It is a helpful post-death procedure, not a full estate planning strategy.

FAQs

Does a $750,000 home automatically avoid probate in California?

No. The home must qualify as the decedent’s primary residence, the death must fall within the effective date rules, the gross value must not exceed the applicable threshold, and the court must approve the petition.

What changed on April 1 2025?

For qualifying deaths on or after April 1 2025, California increased the threshold for a primary residence succession petition to $750,000. This update can allow families to avoid a full probate case for a qualifying main home.

Is the value based on equity after the mortgage?

No. The value is generally based on gross value. Mortgages and liens may affect the financial result, but they usually do not reduce the residence value for the $750,000 qualification rule.

What court document is used?

The main form is the Petition to Determine Succession to Primary Residence, also known as form DE-310. The court order is generally prepared using form DE-315.

Do all heirs need to participate?

All heirs and interested persons must be properly identified and notified, and full cooperation can make the process easier. If heirs refuse to cooperate or dispute the petition, the court may require more steps.

Can the home be sold during the process?

A sale may be possible, but the title usually must be transferred correctly first. The family should confirm the court order, ownership, liens, and title requirements before selling property.

What if the house appraises above $750,000?

If the appraised value is above $750,000, the residence may not qualify for the streamlined process. The family may need traditional probate or another legal option.

Is a free consultation useful before filing?

Yes. A free consultation can help determine whether the estate qualifies, whether the appraisal issue is likely to matter, whether heirs may object, and whether a succession petition or full probate case is the better option.

Conclusion

A $750,000 home does not always have to go through full probate in California. Because of Assembly Bill 2016, families may have a streamlined process when the decedent died on or after April 1, 2025 and the property was the decedent’s qualifying primary residence. The process can be faster and more cost-effective than a standard probate case, but it still requires a court filing, proper legal documents, a probate referee appraisal, notice to heirs, and a court order.

The key is qualification. A residence value above $750,000, unclear ownership, heir disputes, non-residence property, or additional estate assets may change the result. Therefore, families should review the facts before filing.

Moravec Varga & Mooney handles probate, trusts and wills, trust administration, Medi-Cal planning, pre and post-nuptial agreements, and estate tax matters for California clients. For assistance with a $750,000 residence, a succession petition, or a probate situation, call Moravec Varga & Mooney to schedule a consultation by phone. To get started, call (626) 793-3210 or email LV@MoravecsLaw.com.