Alternatives to Probate in California

A California probate alternative is a simplified legal process that allows heirs to transfer a decedent’s property without opening a full court-supervised probate case. California offers several options depending on the type of property, its value, and the decedent’s date of death. Choosing the right alternative saves time, reduces costs, and avoids the lengthy full probate process.

the right alternative depends on several factors — the type of assets involved, their value, whether the decedent had a trust, and the date of death. Understanding these factors helps families determine which process may apply before moving forward with document preparation

It depends on the process. The personal property affidavit and the real property affidavit for small value estates do not require a court hearing. The AB 2016 petition to determine succession to a primary residence, the spousal property petition, and the Heggstad petition all require a court hearing. However, even when a hearing is required, these alternatives are usually much faster and less expensive than full probate.

For deaths on or after April 1, 2025, the small estate affidavit threshold for personal property is $208,850. Heirs can use this process to claim bank accounts, vehicles, and other personal property without filing a court case or attending a hearing. A 40-day waiting period after the date of death is required before presenting the affidavit. The threshold applies to the gross value of personal property, not equity, so debts do not reduce the qualifying amount.

No. The personal property affidavit does not transfer real property. California has a separate process for real property of small value, the Affidavit re Real Property of Small Value, which applies to real property such as raw land or mineral rights valued at $69,620 or less for deaths on or after April 1, 2025. A primary residence may qualify for the AB 2016 simplified petition instead, depending on its value and the date of death.

The AB 2016 petition is a simplified court process that allows heirs to transfer a decedent’s primary residence without full probate. For deaths on or after April 1, 2025, this process applies to primary residences valued at $750,000 or less. Heirs file a petition with the probate court, attend one hearing, and receive a court order confirming the transfer. The process typically takes 3 to 4 months, which is significantly faster than full probate. Heirs can also combine this petition with a personal property affidavit to transfer additional assets up to the small estate threshold.

To qualify, the property must have been the decedent’s primary residence at the time of death, must be valued at $750,000 or less, and the death must have occurred on or after April 1, 2025. The petition must identify all heirs and beneficiaries, and no objections may prevent the court from approving the transfer. If the estate includes property other than the primary residence, or if values exceed the threshold, a full probate may still be required for those additional assets.

A spousal property petition allows a surviving spouse to claim community property and separate property that rightfully passes to them under California law without filing a full probate case. The process requires a court hearing and typically takes 3 to 4 months to complete. It applies to community property and separate property that passes to the surviving spouse under California law, based on the will or intestate succession.

Yes, in some situations. If the decedent died without a will and owned separate property, the surviving spouse may file a spousal consent that consolidates both community and separate property into a single proceeding. This avoids the need for multiple legal filings. However, separate property intended for non-spouse heirs under a will or intestate succession does not pass through the spousal property petition. Those assets require a separate process.

A Heggstad petition, filed under California Probate Code Section 850, is used when a decedent intended to transfer property into their living trust but did not complete the title transfer before death. The petition asks the court to confirm that the property belongs to the trust based on the decedent’s documented intent. This applies both when the trust document itself identifies the property as a trust asset and when other written evidence, such as a trust amendment or asset schedule, demonstrates the intent to transfer. A court hearing is required, and the process typically takes 3 to 4 months.

Most Heggstad petitions resolve within 3 to 4 months from filing, depending on court scheduling and whether any objections arise. The process requires one court hearing. If the petition is properly prepared and no interested parties object, the court issues an order confirming the property as a trust asset, allowing the trustee to administer it without full probate. Probate & More prepares Heggstad petition documents for California families across all 58 counties.