Probate has a reputation for being slow, expensive, and stressful, but many California families may now be able to avoid it altogether. Formal probate in California commonly takes 9 to 18 months, and statutory attorney and executor fees are based on the estate’s gross value, not the amount heirs ultimately receive. On larger estates, those fees can reach tens of thousands of dollars before court costs and appraisal fees are added.
Beginning with deaths occurring on or after April 1, 2025, California increased its small-estate affidavit threshold to $208,850, allowing more heirs to transfer qualifying personal property without opening a formal probate case. At the same time, a separate law significantly expanded simplified procedures for transferring certain primary residences worth up to $750,000. While these changes won’t eliminate probate for every estate, they can save qualifying families months of court proceedings and thousands of dollars in legal fees.
