In California, probate generally becomes necessary when an estate’s qualifying assets exceed $208,850. This is the threshold for using a Small Estate Affidavit, so estates above this amount generally cannot use that procedure and may require a formal probate or other available transfer process.
Real estate may also affect eligibility for a simplified procedure. For example, a $1 million primary residence exceeds the $750,000 limit for using a Petition to Determine Succession to Primary Residence and therefore would not qualify based on value alone.
In some cases, asset value is irrelevant. Surviving spouses and registered domestic partners may generally use a Spousal Property Petition regardless of the estate’s size.
Assets held in a trust, jointly owned with a right of survivorship, or subject to a valid beneficiary designation or transfer-on-death deed generally bypass probate regardless of their value.
