Transferring property without full probate

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.