California Succession to Real Property: $750,000 Threshold Guide

California Assembly Bill 2016, effective April 1, 2025, created a new simplified procedure for transferring a primary residence valued at $750,000 or less without going through full probate. This can save California families months of time and tens of thousands of dollars in statutory fees.

This guide explains the requirements, process, and considerations for using the real property petition.

What Changed with AB 2016

Before April 2025, transferring real estate required either full probate or a spousal property petition (for surviving spouses only). The small estate affidavit could not be used for real property.

AB 2016 added California Probate Code Section 13150-13158, creating a new option: the Petition for Succession to Real Property.

Key Features

Threshold: Property value of $750,000 or less
Property type: Primary residence only
Waiting period: 40 days after death
Court filing: Required (unlike small estate affidavit)
Fee: $435 court filing fee

Who Can Use This Procedure

Eligible Petitioners

The petition can be filed by:

A successor (heir or beneficiary) of the decedent
Any person who would be entitled to succeed to the property

This includes children, grandchildren, siblings, or anyone named in the will to receive the property.

Property Requirements

Must be a primary residence The property must have been the decedent's primary residence at the time of death. Vacation homes, rental properties, and investment properties do not qualify.

Value limit: $750,000 or less The fair market value at date of death must not exceed $750,000. If the property is worth $750,001, you cannot use this procedure.

California real property The property must be located in California.

Situations Where It Does NOT Apply

Property worth more than $750,000
Property that was not the decedent's primary residence
Property in a trust
Property held in joint tenancy (already passes by operation of law)
Property with a transfer-on-death deed (already passes outside probate)

Step-by-Step Process

Step 1: Wait 40 Days

You must wait at least 40 days after the decedent's death before filing the petition. Use this time to:

Obtain death certificates
Determine property value
Identify all heirs and beneficiaries
Gather required documentation

Step 2: Determine Property Value

Obtain an appraisal or comparative market analysis showing the property's fair market value at the date of death is $750,000 or less.

Options include:

Professional appraisal ($300-$500)
Real estate agent comparative market analysis (often free)
Property tax assessed value (may not reflect actual market value)

Step 3: Prepare the Petition

Complete the required petition form. The petition must include:

Decedent information
Property description (legal description and address)
Property value
Your relationship to the decedent
List of all heirs and beneficiaries
Statement that requirements are met

Step 4: File with the Court

File the petition with the Superior Court in the county where the property is located. Pay the $435 filing fee.

The court will set a hearing date, typically 30-45 days after filing.

Step 5: Give Notice

Notify all heirs and beneficiaries of the petition and hearing date. Provide at least 15 days' notice before the hearing.

Step 6: Attend the Hearing

Attend the court hearing. If the petition is properly prepared and no one objects, the judge will issue an order confirming your succession to the property.

Step 7: Record the Order

After receiving the court order, record it with the County Recorder's office where the property is located. This transfers legal title to your name.

Also update:

Property tax records with the County Assessor
Homeowner's insurance
Utility accounts

Timeline

Step	Timeframe
Death occurs	Day 0
Mandatory waiting period	40 days
Prepare petition	Days 40-45
File and get hearing date	Day 45
Wait for hearing	30-45 days
Attend hearing	Day 75-90
Record order	Days 90-100
Total	2-4 months

Compare this to full probate (9-18 months) and the savings are significant.

Cost Comparison

Real Property Petition

Item	Cost
Court filing fee	$435
Property appraisal	$300-$500
Recording fee	$50-$100
Attorney (optional)	$1,500-$3,000
Total	$785-$4,035

Full Probate (same $700,000 property)

Item	Cost
Court filing fee	$435
Attorney statutory fee	$17,000
Executor statutory fee	$17,000
Probate referee	$700
Other costs	$1,000+
Total	$36,135+

Potential savings: $32,000+

Personal Liability

Unlike full probate, this procedure does not cut off creditor claims. Creditors can still pursue claims against the property or the successor.

What This Means

If the decedent had unpaid debts, creditors may be able to place liens on the property
The successor may be personally liable for decedent's debts (up to the property value)
There is no formal creditor notification or claims period

Risk Mitigation

Before using this procedure:

Research the decedent's debts
Check for outstanding liens
Consider whether full probate (with creditor protections) is more appropriate
Consult an attorney if debts are significant

Combining with Small Estate Affidavit

For many California estates, the real property petition and small estate affidavit can be used together.

Example:

Home: $650,000 (use real property petition)
Bank accounts and vehicles: $150,000 (use small estate affidavit)
Result: Both assets transfer without full probate

This combination allows families with modest estates to avoid probate entirely when:

The home is under $750,000
Personal property is under $208,850
No complex creditor issues exist

Proposition 19 Considerations

Inheriting a home through this procedure triggers the same Proposition 19 rules as any other inheritance.

If Used as Primary Residence

If the heir moves into the home as their primary residence within one year:

Property tax base may transfer (subject to limits)
Exclusion of up to $1 million of assessed value increase
Must file claim with County Assessor

If Not Used as Primary Residence

If the heir does not use the property as their primary residence:

Property will be reassessed to current market value
Property taxes may increase significantly

Frequently Asked Questions

What is the $750,000 threshold for California real property?

Under California Probate Code 13150 (effective April 1, 2025), a decedent's primary residence valued at $750,000 or less can be transferred to successors through a simplified court petition without full probate.

Can I use this procedure for rental property?

No. The procedure is limited to the decedent's primary residence. Rental properties, vacation homes, and investment properties require full probate.

What if the property is worth slightly more than $750,000?

If the property exceeds $750,000, you cannot use this procedure. You must use full probate, a spousal property petition (if you are the surviving spouse), or another appropriate method.

Do I need an attorney?

An attorney is not required, but recommended for most people. The forms and procedures involve legal complexity, and mistakes can create title problems.

How is property value determined?

You need to establish fair market value at the date of death. An appraisal is the most reliable method. The court may accept a comparative market analysis for properties clearly under the threshold.

Can creditors come after me if I use this procedure?

Yes. This procedure does not include a creditor claims period. The successor may be personally liable for the decedent's debts, up to the value of the property received.

Related Guides

Sources:

California Probate Code Sections 13150-13158 (Petition for Succession to Real Property)
Assembly Bill 2016 (2024)
California Courts Self-Help Center

Last Updated: January 2026. This procedure became effective April 1, 2025. Requirements may change. Consult with a California probate attorney for advice specific to your situation.