California Probate Thresholds in 2024

California law sets specific threshold amounts that determine whether an estate must go through probate, and these amounts have been adjusted to account for inflation:

• For deaths occurring on or after April 1, 2022: The threshold is $184,500
• For deaths occurring before April 1, 2022: The threshold is $166,250

This distinction is more than just a technicality – it directly affects how your loved one's estate will be handled. The date of death, not the date you begin the process, determines which threshold applies to your situation.

Think of it this way: if your family member passed away in May 2022 leaving an estate worth $170,000, you might be able to avoid formal probate since it's under the $184,500 threshold. However, if they had passed away just two months earlier, in March 2022, that same $170,000 estate would require probate because it exceeds the previous $166,250 limit.

Unsure if probate is required? Use our probate requirement estimation calculator to help you get a better picture if your loved ones estate requires probate or not:

While knowing when probate is required is crucial, understanding when you can avoid probate is equally important. California law provides several pathways to transfer assets without going through the formal probate process, potentially saving both time and money.

Small Estate Exemptions: A Simplified Path Forward

If your loved one's estate falls under the current threshold ($184,500 for deaths after April 1, 2022), you may be eligible for a simplified process called small estate administration. However, it's important to wait 40 days after the death before proceeding with this option.

The Small Estate Affidavit Process Instead of going through formal probate, qualifying estates can use a simple sworn statement (affidavit) to transfer assets. This process is significantly faster than formal probate, often taking weeks rather than months or years. Here's what you need to know:

• Waiting Period: You must wait 40 days after the death before using this procedure
• Documentation Requirements:
• • Death certificate
  • Proof of identity
  • Description of property
  • Signed affidavit under penalty of perjury
• Limitations: This process works for personal property only; real estate requires a separate procedure called "Succession to Real Property"

Assets That Bypass Probate Automatically

Many assets can transfer to beneficiaries without any court involvement, regardless of their value. Understanding these "non-probate" assets can help you plan ahead to minimize future probate requirements.

Living Trusts: The Probate Alternative Assets held in a living trust bypass probate entirely. Think of a living trust as a private agreement that keeps asset transfers within the family and out of the courtroom. Unlike wills, which become public record during probate, trusts maintain privacy while efficiently transferring assets to beneficiaries.

Joint Tenancy: Automatic Transfer on Death Property held in joint tenancy includes a "right of survivorship," meaning when one owner dies, their share automatically transfers to the surviving owner(s). Common examples include:

• Married couples' shared homes
• Joint bank accounts
• Investment accounts held by multiple owners

Pay-on-Death (POD) and Transfer-on-Death (TOD) Accounts: These specially designated accounts offer a simple way to transfer assets directly to beneficiaries:

• Bank accounts with POD designations
• Securities accounts with TOD designations
• Vehicle registrations with TOD beneficiaries

Life Insurance and Retirement Benefits: These financial tools are designed to bypass probate through beneficiary designations:

• Life insurance policies
• 401(k) accounts
• IRAs
• Pension benefits
• Annuities

The key is maintaining updated beneficiary designations. Even a small life insurance policy or retirement account can get stuck in probate if the beneficiary designation is missing or outdated.

Community Property with Right of Survivorship: Married couples in California have this special form of property ownership available to them. Similar to joint tenancy, it allows property to pass automatically to the surviving spouse while maintaining important tax benefits unique to community property.

When determining whether an estate meets the probate threshold, timing is everything. The value is calculated at the time of death, not weeks or months later when asset values might have changed. This means you'll need to consider:

Real Estate: Your home or investment properties are valued at their fair market value. That beach house in Santa Monica or apartment in San Francisco? You'll want a professional appraisal to determine their exact worth.

Financial Accounts: Bank accounts, stocks, and bonds are easier to value - simply use the balance or closing price on the date of death. However, not all financial accounts count toward the threshold. For instance, that retirement account with a named beneficiary? That bypasses probate entirely.

Personal Property: From vehicles to valuable collections, these items count toward the threshold when they're solely in the deceased's name. Your father's classic car collection or your mother's antique jewelry will need professional valuation if they're significant pieces.

What's excluded from this calculation might surprise you...

• Life insurance policies with named beneficiaries,
• joint bank accounts,
• and property held in a living trust don't count toward the threshold.

These assets transfer directly to beneficiaries without court involvement.

Get Help with Your California Probate Case

Determining whether probate is required is just the first step. While some estates can use simplified procedures, others need formal probate oversight. If your loved one's estate requires probate in California, timing and proper documentation are crucial for a smooth process.

Our estate specialists have guided hundreds of families through California probate. We'll help you understand your options and create a clear path forward. Book your free consultation with our California probate team today.