A New California Probate Law — and What Homeowners Should Really Know
From The Jenn Pfeiffer Team
California quietly rolled out a new probate law on April 1, 2025, and while it may help some families avoid the probate process, it also highlights something we see all the time: there’s no substitute for good estate planning.
Here’s the short version — and why this matters if you own a home in California.
Why Probate Is Such a Big Deal
Probate is the court process used to distribute someone’s assets after they pass away. In California, it often takes a year or more, can be expensive, and delays heirs from accessing property, selling a home, or settling an estate.
That’s why avoiding probate — when possible — is a major goal for many families.
What the New Law Changes
Under the new law, some estates can now use a faster, simplified process instead of full probate.
Most notably:
- A primary residence valued up to $750,000 may qualify for an expedited transfer
- Personal property (bank accounts, investments, belongings) has its own threshold, around $200,000
- Homes and personal property are now treated separately
This may help homeowners in lower-priced markets or those with modest estates — even if they don’t have a trust.
The Important Limitations
While helpful, this law has clear boundaries:
- If a primary residence is worth more than $750,000, the entire estate still goes through full probate
- All heirs — including those not named in a will — must be notified
- Court filings and waiting periods still apply
- Because the law is new, procedures and requirements are still being clarified
In other words, this is not a universal solution, especially in high-value California markets.
The Bigger Picture: Planning Beats Exceptions
The biggest takeaway isn’t the exemption — it’s the reminder.
The most reliable way to avoid probate is to make sure your assets are set up as non-probate assets, such as:
- Property and accounts held in a revocable living trust
- Retirement accounts and life insurance with up-to-date beneficiaries
- Transfer-on-death or payable-on-death accounts
- Jointly owned property with rights of survivorship
These tools allow assets to transfer directly to heirs — without court delays, added costs, or unnecessary stress.
Why This Matters for Homeowners
For many Californians, their home is their largest asset. Relying on probate exemptions alone — especially as property values rise — can leave families vulnerable to delays and complications at the worst possible time.
A well-structured estate plan helps ensure that loved ones can move forward smoothly, whether that means keeping a home, selling it, or settling an estate efficiently.
Final Thought
This new law may help some families, but it’s not a replacement for proactive planning. If you own property in California, it’s worth reviewing how your assets are titled and whether your estate plan still reflects your goals.
A little planning today can save your family a lot of stress tomorrow.