Do You Need Probate in California? The Simplified Paths That Skip It

Updated June 2026

When someone you love passes away, the word "probate" lands like one more weight you didn't ask for. Here's the part that helps: a lot of California estates never go through the long, expensive court process at all. The state has several shortcuts for ordinary estates, and the right one often comes down to what the person owned and how much it was worth. This guide lays out the paths so you can see which one fits, before you spend a day on the wrong one.

Do you even need probate in California?

Often, no. Some property skips probate on its own, no matter the size of the estate. Anything with a named beneficiary or a payable-on-death tag, like life insurance, most retirement accounts, and POD bank accounts, goes straight to that person. Property held in joint tenancy passes to the surviving co-owner. Anything inside a living trust is handled by the trust. What's left, the property in the person's name alone, is what these California shortcuts are for, and whether you need a court at all depends on what that property is.

The four simplified paths, and when each one fits

Most California estates use one or two of these. The figures below apply to a death on or after April 1, 2025, and the date of death is what sets them.

1. The Small Estate Affidavit (no court). For personal property, meaning bank accounts, a final paycheck, stocks, a vehicle, and belongings, when the total gross value is $208,850 or less. This is the path under Probate Code 13100-13101, and it skips court entirely. You sign an affidavit, have it notarized, and hand it to the bank with a certified death certificate. No filing, no hearing.

2. The home, through the DE-310 petition. A 2024 law called AB 2016 opened this path on April 1, 2025. A primary residence worth $750,000 or less can move with the Petition to Determine Succession to Real Property (DE-310). It needs a short hearing, but it skips full probate. There's a step where you notify every heir, which is new and trips a lot of people up.

3. Low-value real estate, through the DE-305. If the real property is worth $69,625 or less, the Affidavit re Real Property of Small Value (DE-305) is a lighter court filing than the DE-310. This usually fits a small parcel of land rather than a typical home.

4. It all goes to a spouse or partner, through the DE-221. If everything passes to a surviving spouse or registered domestic partner, the Spousal or Domestic Partner Property Petition (DE-221) handles it with no dollar limit, and it can cover both the home and the accounts in one filing.

The 40-day clock, and adding up the estate the right way

Two things matter across every path. First, you have to wait at least 40 days from the date of death before you use the affidavit or file the simplified petitions, so it's worth using that window to gather documents. Second, the dollar limits go by gross value, meaning the full value before any debts, so a mortgage or a credit card balance doesn't lower the number.

When you add things up, the home is valued on its own for the DE-310 or DE-305 limit, and the personal property is valued on its own for the affidavit limit. Don't mix the two piles. And remember that beneficiary accounts, joint tenancy property, and trust property don't count toward any of the limits, because they're passing outside the estate already.

When it's full probate, or a lawyer

Some estates don't fit a shortcut, and it helps to know that early. A home worth more than $750,000 that isn't passing to a spouse, an estate large enough to need formal administration, a contested will, an estate that owes more than it's worth, or an heir who's a minor or can't be found: these point to full probate (DE-111) and are usually worth a probate attorney. Many offer a flat-fee consult, so even one conversation can tell you whether you're still in do-it-yourself territory.

Where ClaimKit Help comes in

Knowing which path you're on is half the battle, and the free Probate Path Finder gets you that answer in a couple of minutes. When you're ready to do it, each ClaimKit Help kit walks the path line by line, with the checklists, the templates, and the exact form numbers beside you. If you only need the bank accounts and belongings, the Small Estate Affidavit Kit covers that. If you're moving the family home, the Home Transfer Kit covers the AB 2016 path. And if the estate has more than one piece, or you want every simplified path plus help with creditors in one place, the Complete Simplified-Probate Kit covers all of it. Everything is current and California-specific, so you can know it's right before you file.

Common questions

How do I know if I need probate in California? Start with what the person owned in their name alone. If it's personal property worth $208,850 or less, you can likely use a Small Estate Affidavit with no court. A primary residence up to $750,000 uses the DE-310 petition. Property that passes to a spouse uses the DE-221. The free Probate Path Finder walks you through it.

Can I do California probate without a lawyer? For the simplified paths, yes, and most people do. The affidavit and the simplified petitions are designed to be handled on your own. Full probate (DE-111) is the one that's usually worth a lawyer.

How long do I have to wait? At least 40 days from the date of death before you use the affidavit or file the simplified petitions. Use the wait to gather the death certificates, the deed, and a list of who inherits.

What if there's a house and bank accounts? You may use two paths at once, a petition for the home and an affidavit for the accounts. The Complete Simplified-Probate Kit covers both, plus how to handle any debts.

ClaimKit Help is a self-help service and not a law firm, and this article is general information, not legal advice. The dollar limits are set by the date of death and next adjust April 1, 2028. For the official forms and instructions, visit selfhelp.courts.ca.gov.