California Probate Types: Small Estate vs Full Probate
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Main California Probate Options
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| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Small Estate Affidavit Probate Code 13100 | Under $208,850 (personal property; deaths on or after April 1, 2025 - $184,500 for earlier deaths) | $0 | 40+ days after death | No | No | Small estates with bank accounts, vehicles, personal property |
Petition to Determine Succession to Primary Residence Probate Code 13151 | Primary residence under $750,000 (deaths on or after April 1, 2025 only) | $435 | 2-4 months | Primary residence only | No | Transferring the decedent’s primary residence without full probate |
Affidavit re Real Property of Small Value Probate Code 13200 | California real property worth $69,625 or less (deaths on or after April 1, 2025; $61,500 for earlier deaths) | $45 | 6+ months after death | Yes | No | Very small parcels or low-value real property that do not need full probate |
Spousal Property Petition Probate Code 13650 | No limit (community property) | $435 | 2-4 months | Yes | No | Surviving spouse claiming community property |
Full Probate Probate Code 8000+ | Over the small-estate limit for the date of death, or complex estates | $435 + statutory fees | 9-18 months | Yes | Recommended | Large estates, multiple properties, contested estates |
Small Estate Affidavit
Probate Code 13100
Small estates with bank accounts, vehicles, personal property
Threshold: Under $208,850 (personal property; deaths on or after April 1, 2025 - $184,500 for earlier deaths)
Filing Fee: $0
Timeline: 40+ days after death
Real Estate: No
Attorney: No
Petition to Determine Succession to Primary Residence
Probate Code 13151
Transferring the decedent’s primary residence without full probate
Threshold: Primary residence under $750,000 (deaths on or after April 1, 2025 only)
Filing Fee: $435
Timeline: 2-4 months
Real Estate: Primary residence only
Attorney: No
Affidavit re Real Property of Small Value
Probate Code 13200
Very small parcels or low-value real property that do not need full probate
Threshold: California real property worth $69,625 or less (deaths on or after April 1, 2025; $61,500 for earlier deaths)
Filing Fee: $45
Timeline: 6+ months after death
Real Estate: Yes
Attorney: No
Spousal Property Petition
Probate Code 13650
Surviving spouse claiming community property
Threshold: No limit (community property)
Filing Fee: $435
Timeline: 2-4 months
Real Estate: Yes
Attorney: No
Full Probate
Probate Code 8000+
Large estates, multiple properties, contested estates
Threshold: Over the small-estate limit for the date of death, or complex estates
Filing Fee: $435 + statutory fees
Timeline: 9-18 months
Real Estate: Yes
Attorney: Recommended
* Filing fees are uniform across all California counties.
Unfamiliar terms in the comparison? The California probate glossary defines them in plain language.
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