Wills, Trusts & Probate · After a death
Transferring property without full probate
In this guide
- Property in a trust, joint tenancy or with a named beneficiary usually passes outside probate.
- For deaths on or after April 1, 2025, an affidavit process is available when probate property totals $208,850 or less.
- Separate court petitions exist for a main home up to $750,000 and for property passing to a spouse or partner.
Not every estate goes through formal probate
California has shorter procedures for smaller estates and for property passing to a surviving spouse or domestic partner. The dollar limits depend on the date of death and are adjusted every three years, so the Judicial Council publishes them on form DE-300.
Property that usually passes outside probate
- Property held in a living trust
- Joint tenancy property
- Payable-on-death and transfer-on-death accounts
- Retirement accounts and life insurance with a living beneficiary
- Real property covered by a recorded transfer-on-death deed
These generally don’t count toward the small-estate limits.
Small estate affidavit (personal property)
When the property that would otherwise go through probate is worth $208,850 or less (for deaths on or after April 1, 2025), the people entitled to it can collect personal property, such as bank accounts, with a sworn affidavit instead of a court case. At least 40 days must have passed since the death. Some kinds of property aren’t counted toward the limit, and the court’s page lists them.
Petition for a primary residence
For deaths on or after April 1, 2025, a simplified court petition (form DE-310) is available for the deceased person’s main home in California when its value is $750,000 or less. It is shorter than full probate but still involves the court.
Spousal or domestic partner property petition
When property passes to a surviving spouse or registered domestic partner, a Spousal or Domestic Partner Property Petition (form DE-221) asks the court to confirm the transfer without full probate.
Figures in effect for deaths on or after April 1, 2025
- Small estate affidavit limit: $208,850
- Waiting period before using the affidavit: 40 days after death
- Primary residence petition limit: $750,000
- Earlier deaths use earlier limits, which are listed on form DE-300.
Common questions
Where can I get the affidavit form?
The California Courts small-estate page explains the affidavit and links to a sample. Banks and other institutions often have their own versions as well.
Official sources for this guide
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