When someone passes away in California, and their home is in their name alone, the family often has to go through probate. Many people are surprised by this. Probate can take twelve to eighteen months or longer. It is public, slow, and expensive. Fees are based on the value of the estate, not the equity in a home.
California created a new option to help families in this situation. AB 2016, which took effect in April 2025, allows certain families to use a simplified court process to transfer a loved one’s primary residence valued at $750,000 or less.
This change may offer real relief during a difficult time. Here is what families need to know.
What Counts as a Primary Residence
The new process is only available for a person’s main California home. A primary residence is usually the place where someone lived most of the time and intended to stay. Some common indicators include:
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the address they used for taxes
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where they voted
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where they spent most days and nights
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the home they considered their permanent residence
A second home, rental, or vacation property does not qualify for the simplified procedure.
How the New Process Works
If the home qualifies, the family may file a streamlined petition with the court rather than opening a full probate case. This option:
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reduces the paperwork needed
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avoids many of the usual probate hearings
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often shortens the timeline from many months to a few
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can reduce attorney’s fees
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makes the process less stressful overall
Each county is different, but most families can expect a faster, more manageable process than traditional probate.
Why AB 2016 Matters
California’s home prices mean even modest homes often trigger full probate if there is no trust in place. For families who never got the chance to plan ahead or who experienced a sudden loss, AB 2016 may make a real difference. It can help:
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save time
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save money
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reduce stress
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give families more control during a painful period
This law is especially helpful for families with homes close to the $750,000 range or for adult children caring for aging parents.
How to Know if Your Family Qualifies
A few key questions will help determine eligibility:
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How is the home titled?
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What is the approximate value of the home?
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Did the person have a will or a trust?
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Are there other assets that need to be handled through probate?
These details shape what options are available under the new law.
Even with AB 2016, the best way to avoid probate altogether is still a properly created and funded living trust. This new law does not replace good planning, but it offers a helpful safety net for families who may not have expected to need it.
Another Related Update: California’s New Small Estate Threshold
There is another change in California that families should know about. Beginning January 1, 2025, the state is increasing its “small estate affidavit” limit to $208,000. This procedure allows families to transfer certain assets without going through traditional probate, and it is separate from AB 2016.
The two rules work side by side.
AB 2016 applies only to the primary residence when the home is valued at $750,000 or less.
The small estate affidavit applies to everything else when the total value of those other assets is $208,000 or less.
This can create helpful flexibility. A family might qualify for the new AB 2016 process for the home, and also use the small estate affidavit for bank accounts, personal property, or other belongings that fall under the $208,000 limit. In many cases, this means the entire estate can be handled without full probate.
If the value of those other assets is above $208,000, probate may still be required for that portion of the estate, even if the home itself qualifies under AB 2016. Every situation is different, and a short review is often enough to understand the best path forward.
We Are Here to Help
If you want to understand whether your loved one’s home may qualify for this new process, or you want to plan ahead for your own estate, we are here to guide you. A mini-consult is a simple first step to get clarity and support. Call us at (909) 377-8141 or click here to schedule your mini-consult.
