California Probate Small Estate Thresholds
Understanding when full probate is required — and when it can be avoided
Not every estate in California must go through full probate court. The state provides several simplified procedures for smaller estates, depending on the total gross value of the assets involved.
Understanding which threshold applies to your situation can save your family significant time, legal fees, and court costs.
Full Probate Required — Estates Over $184,500
If the gross value of the decedent's estate exceeds $184,500 (the current California threshold), the estate must go through full probate court supervision.
This includes real property, bank accounts, investments, and other assets — before debts are subtracted.
A certified appraisal by a court-appointed Probate Referee is required to establish the gross value of real property in the estate.
An independent appraisal submitted alongside the Probate Referee's value can protect the estate's interests — particularly when condition, upgrades, or market factors are not reflected in a drive-by assessment.
Small Estate Affidavit — Estates Under $184,500
When the total gross value of the estate is $184,500 or less, heirs may be able to collect assets using a Small Estate Affidavit (also called a Successor Affidavit) — without going through probate court at all.
This simplified process applies to personal property (bank accounts, vehicles, etc.) and does not require court approval.
Real property cannot be transferred using a Small Estate Affidavit — it requires a separate simplified court procedure.
Simplified Petition for Real Property — Under $61,500
Real property with a gross value of $61,500 or less may qualify for a simplified court petition under California Probate Code §13150.
This is a streamlined court process — faster and less costly than full probate — but still requires a certified appraisal to establish the property's value.
A USPAP-compliant appraisal ensures the value submitted to the court is accurate and defensible.
Joint Tenancy & Community Property — No Probate Required
Property held in joint tenancy passes automatically to the surviving joint tenant upon death — no probate required.
Community property with right of survivorship also transfers directly to the surviving spouse without court involvement.
Even when probate is not required, a certified appraisal is still needed to establish the stepped-up basis for capital gains tax purposes at the time of transfer.
Why an Appraisal Is Required in Nearly Every Case
Whether the estate goes through full probate, a simplified procedure, or passes outside of probate entirely — a certified real estate appraisal is almost always required.
The IRS requires a qualified appraisal to establish the fair market value of real property as of the date of death for estate tax and stepped-up basis purposes.
California courts require a Probate Referee appraisal for any estate going through probate.
An independent, USPAP-compliant appraisal from a certified appraiser provides the most complete and defensible valuation — one that accounts for the property's actual condition, interior features, and market evidence.
Important Note on Threshold Amounts
California probate thresholds are adjusted periodically. The figures above reflect current law as of 2026. Always confirm the current threshold with a qualified probate attorney before making decisions based on estate value.
Have questions about California probate thresholds or appraisal requirements? Sue will walk you through it.