Full probate in California can run 12 to 18 months and consume a meaningful share of the estate’s value in fees. Simplified probate procedures exist precisely to avoid that when an estate is small enough or structured in a way that doesn’t need full court administration. Which procedure applies, though, depends on both the value involved and what kind of asset it is — personal property and real property are treated very differently, and that distinction is where most general guides fall short.
California’s Small Estate Threshold for 2026
Under California Probate Code § 13100, an estate’s personal property — bank accounts, vehicles, and similar assets — can be collected using a small estate affidavit if the total gross value falls at or below a threshold that California adjusts every three years for inflation. That threshold was $184,500 for deaths between April 2022 and March 2025, rose to $208,850 for deaths between April 2025 and March 2026, and increased again to $239,700 for deaths on or after April 1, 2026. A small estate affidavit can’t be used until at least 40 days after the date of death, and it only covers personal property — not real estate, which has its own, separate thresholds.
Real Property Has Its Own Probate Thresholds
This is the part general probate guides tend to skip, and it matters for a church or estate holding real property. An Affidavit re Real Property of Small Value can transfer California real property valued at $69,625 or less without full probate. Separately, a Petition to Determine Succession to Real Property — filed with the court but handled as a simplified proceeding rather than full probate — can transfer a primary residence valued up to $750,000. These real property thresholds are independent of the personal property small estate threshold above; an estate can have real property within one of these limits and personal property within the other, and each procedure has its own filing and notice requirements.
Ways to Avoid Probate Entirely, Not Just Simplify It
Beyond the value-based simplified procedures, several ownership structures bypass probate altogether regardless of the estate’s size. Property held in joint tenancy passes automatically to the surviving joint tenant by operation of law — no court process needed, though recording an affidavit of death is typically required to clear title. A transfer-on-death deed lets a property owner name a beneficiary who receives the property directly on death, with the beneficiary filing an affidavit of acceptance after the fact. And beneficiary designations on life insurance, retirement accounts, and payable-on-death bank accounts route those specific assets straight to the named beneficiary, bypassing probate for that asset regardless of the estate’s overall size.
Using a Simplified Probate Procedure
Whichever procedure applies, the sequence is broadly similar: confirm the estate or asset actually qualifies under the current threshold, prepare and file the correct affidavit or petition (they are not interchangeable — using the wrong one can be rejected or, worse, create liability for the person using it), provide any required notice to heirs and interested parties, and present the approved document to the institution or county recorder holding the asset. Because getting the threshold, the procedure, and the required notice wrong can create real legal exposure for whoever signs the affidavit, confirming the current figures and the right procedure with counsel before filing is worth the relatively small cost, especially for anything involving real property.
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Disclaimer: Every situation is different and particular facts may vary thereby changing or altering a possible course of action or conclusion. The information contained herein is intended to be general in nature as laws vary between federal, state, counties, and municipalities and therefore may not apply to any given matter. This information is not intended to be legal advice or relied upon as a legal opinion, course of action, accounting, tax or other professional service. You should consult the proper legal or professional advisor knowledgeable in the area that pertains to your particular situation.
