Which California probate path fits your situation?

The trustee administers the trust, inventories the trust property, notifies beneficiaries, and distributes according to the trust document. Trust administration can be simpler than court probate, but it still involves real work: an inventory, required notices, and often professional help. It is not "no paperwork," and disputes can still bring the trust into court.

For deaths on or after April 1, 2025, the current threshold is $208,850; for deaths between April 1, 2022 and March 31, 2025, it is $184,500. A 40-day waiting period applies. This route collects personal property such as bank accounts, vehicles, and belongings. It does not by itself transfer real estate, so if the estate includes a house, a separate route is needed for the real property.

For deaths on or after April 1, 2025, the current limit is $750,000; the limit is indexed and adjusts periodically. This is a court petition filed on Judicial Council forms, with a 40-day statutory waiting period under current law. It is not available for every inherited house: only a qualifying primary residence qualifies, and value and eligibility conditions apply.

The affidavit is recorded with the county recorder using Judicial Council form DE-305, and a six-month waiting period from the date of death applies. It is distinct from the primary residence petition above and carries its own lower value limit.

What applies depends on how the property was titled: community property, joint tenancy, or separate property. If the home was community property, special spousal rules may apply. Eligibility depends on the specifics, so this route is worth checking with a qualified California probate attorney.

The personal representative is appointed by the court: the executor named in the will, or an administrator if there is no will. The estate’s assets are inventoried and appraised, and the court supervises the estate through distribution. The inventory and appraisal must be filed within four months of appointment (Probate Code 8800), and a court-appointed probate referee typically values the assets. If real property is sold, the sale may need court confirmation, and statutory fee schedules for the personal representative and attorney are set by Probate Code 10800. The probate cost calculator on this site gives a sense of the numbers. This route involves real time and cost; an attorney should confirm it applies before anyone files.

A qualified California probate attorney can determine which route, if any, fits, and can flag deadlines, claims, and obstacles before they cost the estate money. Do not proceed on the strength of a quiz result alone.