California Probate Types: Complete Comparison
Find the right probate procedure for your situation
Compare eligibility, costs, timelines, and requirements
All California Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Small Estate Affidavit Probate Code 13100 | Under $208,850 (personal property) | $0 | 40+ days after death | No | No |
Real Property Affidavit Probate Code 13150 | Home under $750,000 | $435 | 2-4 months | Primary residence only | No |
Spousal Property Petition Probate Code 13650 | No limit (community property) | $435 | 2-4 months | Yes | No |
Full Probate Probate Code 8000+ | Over $208,850 or complex estates | $435 + statutory fees | 9-18 months | Yes | Recommended |
* Filing fees are uniform across all California counties.
Detailed Comparison
Small Estate Affidavit
Probate Code 13100
Small estates with bank accounts, vehicles, personal property
Real Property Affidavit
Probate Code 13150
Transferring a modest home without full probate
Spousal Property Petition
Probate Code 13650
Surviving spouse claiming community property
Full Probate
Probate Code 8000+
Large estates, multiple properties, contested estates
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Take Free AssessmentFrequently Asked Questions
What are the California probate thresholds?
As of April 1, 2025: Small estate affidavit threshold is $208,850 for personal property. Real property affidavit threshold is $750,000 for primary residence.
Can I avoid probate entirely in California?
Yes, in many cases. If the estate is under $208,850 in personal property, you can use a small estate affidavit without court involvement. Trusts, joint tenancy, and beneficiary designations also bypass probate.
Do I need an attorney for probate in California?
California does not legally require an attorney for any probate type. However, full probate is complex and most people hire an attorney. For simplified procedures, many people handle them successfully without an attorney.
What is the difference between community property and separate property?
Community property is property acquired during marriage. The surviving spouse is typically entitled to all community property. Separate property is property owned before marriage or received as gift/inheritance during marriage.
Probate Costs →
Detailed breakdown of fees, attorney costs, and total expenses
Small Estate Guide →
Step-by-step instructions for simplified procedures
Sources & Verification
Legal Authority: California Probate Code
Last Verified: January 2026
Filing fees are uniform across all California counties.
This content is for informational purposes only and does not constitute legal advice. Laws and fees may change. Always verify current requirements with your local court clerk before filing.