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Title Tag: California AB 2016 (2025): Skip Probate on a Home Up to $750,000 - ProbatePedia

Meta Description: California AB 2016 (eff. April 1, 2025) lets heirs transfer a primary residence worth up to $750,000 in net equity through a single court petition — far faster and cheaper than full probate. Step-by-step guide, eligibility rules, and comparison with alternatives.

California AB 2016 (2025): Transfer a Primary Residence Without Full Probate

Last Updated: March 2026 • Covers Probate Code §13150–§13158 | Effective April 1, 2025 | Reading time: ~10 minutes

Background: What AB 2016 Changed

The Prior Law — Why a $184,500 Threshold Was Inadequate

Before April 1, 2025, California's simplified small estate procedures were calibrated for a different era of home prices. The §13100 affidavit covered personal property up to $184,500 (now $208,850). A separate simplified petition for real estate existed under prior §13150, but its threshold — also around $184,500 — was effectively useless in a state where the median home price exceeds $800,000. The overwhelming majority of California homeowners fell straight into full probate for their real property.

The result was predictable: families inheriting a modest family home in the San Fernando Valley, the East Bay, or the San Diego suburbs faced probate proceedings costing $40,000 to $80,000 or more — not because their estates were large, but because the home happened to be worth more than an outdated threshold set decades earlier.

What AB 2016 Did

Assembly Bill 2016 (Chapter 822, Statutes of 2024) made two major changes effective April 1, 2025:

| ContentBefore April 1, 2025ContentAfter April 1, 2025 (AB 2016)** | | --- | --- | --- | | Simplified petition threshold for primary residence | ~$184,500 (gross value) — essentially unusable for most CA homes | $750,000 net equity — covers a substantial portion of California's housing stock | | Personal property affidavit threshold (§13100) | $184,500 | $208,850 (adjusted for inflation, same effective date) | | Procedure for primary residence | Full probate for nearly all California homes | Single-hearing simplified petition for qualifying primary residences | | Applicable deaths | Prior rules applied | New rules apply to persons dying on or after April 1, 2025 only |

Deaths Before April 1, 2025:

AB 2016 applies only to decedents who died on or after April 1, 2025. If your family member died before that date — even by one day — the new §13150 petition is not available. The prior rules apply, and you will need to use whichever procedure was available under the old law or proceed to full probate. There is no retroactive application.

Who Qualifies: The §13150 Eligibility Requirements

All of the following conditions must be met to use the AB 2016 simplified petition:

| ContentDetailContentKey Notes** | | --- | --- | --- | | 1. Decedent died on or after April 1, 2025 | The date of death on the death certificate must be April 1, 2025 or later | No exceptions for earlier deaths — prior law applies | | 2. Property is the decedent's primary residence | The real property was the decedent's principal residence at the time of death | Vacation homes, rental properties, and investment properties do not qualify — primary residence only | | 3. Net equity does not exceed $750,000 | Fair market value of the property minus all mortgages, deeds of trust, and liens secured by the property | Uses NET equity, not gross value — this is the critical difference from the §10810 probate fee calculation | | 4. Petitioner is entitled to the property | The person filing the petition is the successor under the will, or under intestate succession if no will | Multiple heirs may petition jointly, or one may petition with written consent of others | | 5. No pending or completed probate | No probate proceeding for the estate has been opened, is pending, or has been completed | If probate is already open, this petition is generally not available | | 6. Property located in California | The real property must be located in California | Out-of-state real estate requires that state's procedures |

How Is the $750,000 Net Equity Calculated?

Net equity = Fair Market Value of the property − all mortgages, deeds of trust, and other liens secured by the property.

| ContentFMVContentMortgage BalanceContentNet EquityContentQualifies?** | | --- | --- | --- | --- | --- | | Modest home, large mortgage | $950,000 | $400,000 | ContentYes — under $750K** | | Mid-range home, small mortgage | $900,000 | $200,000 | ContentNo — over $750K** | | Home owned free and clear | $700,000 | $0 | ContentNo — over $750K** | | Home owned free and clear | $600,000 | $0 | ContentYes — under $750K** | | High-value home with large mortgage | $1,500,000 | $900,000 | ContentYes — under $750K** | | Condo with HOA lien | $650,000 | $50,000 mortgage + $15,000 HOA lien | ContentYes — HOA lien deducted** |

Net Equity vs. Gross Value — The Critical Distinction:

This is the single most important difference between AB 2016 and full probate. Full probate statutory fees under §10810 are calculated on GROSS value — a $950,000 home with a $400,000 mortgage is treated as a $950,000 estate for fee purposes. The AB 2016 eligibility threshold uses NET equity — that same home has $550,000 in net equity, well under the $750,000 limit. This means many California families with highly valued but heavily mortgaged homes will qualify for the simplified petition even when they might expect they would not.

How the §13150 Petition Works: Step by Step

The AB 2016 petition requires one court hearing but is otherwise far simpler than full probate. There is no ongoing court supervision, no Probate Referee appraisal of the entire estate, no formal accounting, and no statutory attorney fee formula. Here is the complete process:

STEP 1 Confirm Eligibility and Gather Documents

Timeline: Before filing | Estimated time: 1–2 weeks

Before filing, confirm that all eligibility criteria are met and gather the following:

• Certified copy of the death certificate (order from county vital records — $21–$25 per copy)
• Current deed showing the decedent's ownership of the property
• Mortgage and lien statements showing all amounts secured by the property — needed to calculate net equity
• A current fair market value estimate for the property — can be a formal appraisal, a licensed real estate broker's written opinion, or a documented comparable sales analysis (the court will determine the value at the hearing)
• The decedent's will (if one exists)
• Documentation of your relationship to the decedent and your legal basis for entitlement

STEP 2 File the Petition with the Superior Court

Timeline: File in the county where the property is located | Filing fee: $435

The §13150 petition is filed with the Superior Court of the county where the real property is located — which may or may not be the county where the decedent lived. The petition asks the court to find that the eligibility requirements are met and to order the transfer of the property to the petitioner.

The petition must state, under penalty of perjury:

• The decedent's name, date of death, and that the death occurred on or after April 1, 2025
• The property address, legal description, and APN
• The fair market value of the property and the total amount of all secured liens
• The resulting net equity calculation, and that it does not exceed $750,000
• That the property was the decedent's primary residence at the time of death
• That no probate proceeding has been opened or completed
• The petitioner's full name and the legal basis for their entitlement to the property

The court filing fee is $435 (statewide uniform fee under GC §70611, consistent with other Superior Court probate petitions). There is no complex case surcharge for routine §13150 petitions.

STEP 3 Provide Notice to Interested Parties

Timeline: At least 15 days before the hearing | Code: Probate Code §13154

Before the court hearing, the petitioner must give written notice of the petition and the hearing date to:

• All persons entitled to inherit the property (all heirs under the will, or all intestate heirs if no will)
• The California Department of Health Care Services (DHCS) — required in all cases to allow Medi-Cal recovery assessment
• Any creditor known to the petitioner who has a claim against the decedent's estate
• The California Franchise Tax Board

Notice must be provided at least 15 days before the hearing date. Notice is typically served by first-class mail. Proof of service must be filed with the court before the hearing.

Why DHCS Notice Is Required:

Even though AB 2016 is a simplified procedure that bypasses full probate, the legislature required DHCS notice in every §13150 petition. This preserves the state's ability to assert Medi-Cal estate recovery claims. However, under SB 833, Medi-Cal recovery is limited to assets passing through the probate estate — and a §13150 petition, like a TOD deed or living trust, is a non-probate transfer. DHCS may appear at the hearing to assert a claim, but the legal basis for recovery against a non-probate transfer is limited. If the decedent received significant Medi-Cal benefits, consult an elder law attorney before proceeding.

STEP 4 Attend the Court Hearing

Timeline: Typically 4–8 weeks after filing | One hearing required

The Superior Court schedules a hearing, typically 4 to 8 weeks after the petition is filed, depending on the court's calendar. Hearings are held in the probate department of the Superior Court.

At the hearing, the judge:

• Reviews the petition and supporting documents
• Confirms that the eligibility requirements are satisfied
• Hears any objections from interested parties (heirs, creditors, DHCS)
• Determines the fair market value of the property if disputed
• If satisfied, issues an Order Determining Succession to Real Property

For uncontested petitions where all heirs agree and the documentation is complete, hearings are typically brief — 5 to 15 minutes. The judge issues the order from the bench or shortly thereafter.

What If an Heir Objects?

Any interested party — a sibling, a creditor, or DHCS — can appear at the hearing and object to the petition. Common grounds for objection include: a dispute about the decedent's intent, a claim that the property was not actually the primary residence, a dispute about the net equity calculation, or an unresolved creditor claim. If material objections are filed, the judge may continue the hearing to allow briefing, or may deny the petition and direct the petitioner to full probate. An attorney can help assess the risk of objections before filing.

STEP 5 Record the Court Order and Transfer Title

Timeline: 1–3 weeks after the order issues

Once the court issues the Order Determining Succession to Real Property, the petitioner records it with the County Recorder in the county where the property is located. The order, when recorded, transfers title to the petitioner.

To complete the transfer:

• Obtain a certified copy of the court order from the court clerk (typically $25–$30)
• Record the certified order with the County Recorder along with a PCOR (BOE-502-A) and the applicable recording fees ($90–$105 for a standard recording, including SB 2 surcharge)
• The County Recorder issues a new title record showing the petitioner as owner

At this point, the property is legally transferred. The entire process — from filing to recorded transfer — typically takes 2 to 4 months for an uncontested petition.

AB 2016 vs. Full Probate: Cost and Time Comparison

The financial advantage of the §13150 petition over full probate is substantial for qualifying estates. Here is a direct comparison using a $650,000 home with a $100,000 mortgage (net equity $550,000):

| ContentFull ProbateContentAB 2016 §13150 Petition** | | --- | --- | --- | | Attorney fees | §10810 statutory: ~$19,000 (on $650K gross) | Flat fee or hourly — typically $1,500–$3,500 for uncontested petition | | Executor / Administrator fees | §10810 statutory: ~$19,000 | None — no executor appointed | | Court filing fees | ~$870 (two petitions × $435) | ~$435 (one petition) | | Probate Referee appraisal | ~$650 (0.1% × $650K) | None required | | Newspaper publication | $150–$400 | None required | | Estimated TOTAL cost | Content~$2,000–$4,500 (attorney-assisted)** | | Time to transfer title | Content2–4 months** | | Court hearings | Multiple (initial + final distribution + any motions) | One hearing | | Privacy | Full public record — all assets visible | Petition and order are public, but scope is limited to this property |

The savings on a $650,000 home: approximately $37,000 to $39,000 in fees, and 9 to 15 months of time. For families who did not do advance planning before the death, the §13150 petition is the most powerful tool AB 2016 has provided.

Where AB 2016 Fits in the California Estate Planning Landscape

The §13150 petition fills a specific gap — it is not a replacement for all estate planning, and it is not available in all situations. Here is how it compares to every other California real estate transfer option:

| ContentWhen AvailableContentCostContentTimeContentCourt Required?** | | --- | --- | --- | --- | --- | | ContentNo** | | ContentNo** | | ContentOne hearing** | | ContentOne hearing** | | ContentFull court supervision** |

The Planning Hierarchy:

The best outcome is always advance planning — a TOD deed or living trust created before death eliminates court involvement entirely and takes weeks rather than months. AB 2016 is the best available remedy when no advance planning was done and the estate qualifies. Full probate is the fallback when nothing else works. The existence of AB 2016 does not eliminate the value of advance planning — it simply reduces the cost of the failure to plan.

What the §13150 Petition Does Not Cover

AB 2016 is specifically designed for the primary residence. It does not address the rest of the estate:

• Personal property (bank accounts, vehicles, investments): Still covered by the §13100 affidavit procedure if the total is under $208,850. The two procedures can be used together — the §13150 petition for the home and the §13100 affidavit for personal property.
• Non-primary residence real property (rental, vacation home, commercial): Requires full probate if no TOD deed, trust, or other non-probate mechanism was in place.
• Primary residence with net equity over $750,000: If the home's net equity exceeds $750,000, full probate is required unless a TOD deed or living trust was previously recorded.
• Estates where probate is already open: If a probate proceeding was filed before the §13150 petition, the simplified procedure is generally unavailable.
• Deaths before April 1, 2025: The new $750,000 threshold does not apply retroactively. Prior law governs.

Using §13150 and §13100 Together: The Hybrid Approach

For many California families dealing with an estate that includes both a qualifying home and personal property, the most effective approach is to use both procedures simultaneously:

| ContentProcedureContentCourt Required?ContentApprox. Time** | | --- | --- | --- | --- | | Primary residence (net equity ≤ $750K) | §13150 Petition (AB 2016) | One hearing | 2–4 months | | Bank accounts, stocks, vehicles (total ≤ $208,850) | §13100 Small Estate Affidavit | No | 6–8 weeks (incl. 40-day wait) | | Retirement accounts with named beneficiaries | Direct to beneficiary — no procedure needed | No | Days–weeks | | Life insurance with named beneficiaries | Direct to beneficiary — no procedure needed | No | Days–weeks |

In this hybrid scenario, the family can file the §13150 petition for the home and simultaneously serve §13100 affidavits on financial institutions for the personal property — both proceed in parallel. The §13100 affidavit process often completes while the court petition is still pending, so the family receives the bank accounts and vehicles well before the home transfer is finalized.

⚡ Use our free California Probate Fee Calculator to see whether your estate qualifies for AB 2016 and estimate the cost savings versus full probate.

Frequently Asked Questions

Does the $750,000 threshold apply to the entire estate or just the house?

The $750,000 threshold under §13150 applies only to the net equity of the primary residence being transferred via the petition. It is not a limit on the total estate value. An estate with a $600,000 home (net equity after mortgage) and $400,000 in other assets can use the §13150 petition for the home — the $400,000 in other assets does not affect the home's eligibility. Those other assets would be handled separately, either via §13100 affidavit (if personal property under $208,850), beneficiary designations, or full probate.

What if multiple heirs disagree about what to do with the property?

If some heirs want to keep the property and others want to sell it, the §13150 petition can still be filed by any entitled heir. The court transfers the property to all entitled heirs in their legally determined shares. After the transfer, heirs who disagree about what to do with the property can negotiate a buyout, agree to sell, or — if no agreement is reached — any co-owner can file a partition action in Superior Court to force a sale. The §13150 petition resolves the transfer question; it does not resolve co-ownership disputes after the transfer.

Can I use the §13150 petition if the decedent had a will that went through probate in another state?

If the decedent was domiciled in another state and that state's probate court is handling the main estate, California real property still requires a California proceeding — either ancillary probate or, if the property qualifies, the §13150 petition. The existence of an out-of-state probate proceeding does not automatically open a California probate for California property. Check with a California probate attorney about whether the out-of-state proceedings affect the §13150 petition's availability.

Does the property need to be appraised for the §13150 petition?

A formal appraisal by a licensed appraiser is not strictly required by the statute, but the petition must state the fair market value of the property with sufficient documentation to support it. In practice, courts accept a written comparative market analysis (CMA) from a licensed California real estate agent or broker, a formal appraisal, or documented evidence from listing services. If the value is disputed — for example, if DHCS or an heir contests the claimed value — a formal appraisal may be necessary to resolve the dispute at the hearing.

What happens if the net equity turns out to exceed $750,000 after filing?

If the property's actual fair market value — as determined by the court at the hearing — results in a net equity figure above $750,000, the petition will be denied. The petitioner would then need to proceed with full probate. To avoid this outcome, obtain a current and credible value estimate before filing. In a rising market, conservative estimates are safer — it is better to discover a value issue before the filing fee is paid than at the hearing.

Does the §13150 petition protect the property from Medi-Cal recovery?

The §13150 petition is a non-probate transfer under California law — it does not go through the probate estate. Under SB 833, Medi-Cal estate recovery is limited to assets that pass through the probate estate. Assets transferred via the §13150 petition are therefore generally not subject to Medi-Cal estate recovery claims. However, DHCS must be given notice of the petition and can appear at the hearing to assert any claims it believes it has. If the decedent received substantial Medi-Cal long-term care benefits, consult an elder law attorney before assuming the property is fully protected.

Can an attorney handle the §13150 petition entirely?

Yes. Most California probate attorneys can handle the §13150 petition from start to finish — drafting and filing the petition, serving notice, attending the hearing, and recording the resulting order. Typical attorney fees for an uncontested §13150 petition run $1,500 to $3,000, significantly less than the statutory fee on a full probate of the same property. Unlike full probate, there is no statutory fee formula for §13150 petitions — attorney fees are negotiated directly.

Can I file the §13150 petition without an attorney?

Yes — a petitioner can file and appear in propria persona (representing themselves). The court's self-help center in most California counties can provide guidance on probate procedures, and the Judicial Council publishes forms and instructions. For a straightforward uncontested petition where all heirs agree and the paperwork is clean, a self-represented petitioner has a reasonable chance of success. For any situation involving a dispute, a Medi-Cal claim, a will contest, or a complex family structure, professional legal counsel is strongly recommended.

Key Takeaways

| ContentThe best tool is...** | | --- | --- | | You want to plan NOW to keep your home out of probate | TOD Deed (fastest, cheapest) or Living Trust (most comprehensive) | | A family member died after April 1, 2025 with a primary residence under $750K net equity, no prior planning | AB 2016 §13150 Petition — file in Superior Court; one hearing; 2–4 months | | A family member died after April 1, 2025 with personal property under $208,850 (no real estate) | §13100 Small Estate Affidavit — no court required; 40-day wait; essentially free | | A surviving spouse needs to transfer community property | Spousal Property Petition §13650 — one hearing; no value limit | | None of the above apply | Full probate — consult a California probate attorney |

Dealing with a California Estate Right Now?

A California probate attorney can assess whether the §13150 petition applies to your situation in a single consultation — and give you a realistic picture of cost and timeline versus full probate.

→ Find a California Probate Attorney — Free Initial Consultation

✅ Data Notes — March 2026

• AB 2016 (Chapter 822, Statutes of 2024) — effective April 1, 2025; confirmed applicable to deaths on/after that date

• §13150 net equity threshold — $750,000; confirmed no adjustment since April 1, 2025 effective date

• §13100 personal property threshold — $208,850; confirmed effective April 1, 2025; next adjustment April 2028

• Court filing fee — $435 per GC §70611; confirmed as 2026 statewide uniform fee

• Medi-Cal estate recovery (SB 833) — §13150 is non-probate transfer; DHCS notice required; recovery scope limited to probate estate

• Recording fees — $90–$105 estimate for standard 2-page document; includes SB 2 $75 surcharge; verify at county Recorder

probatepedia.com · /california/small-estate/ab-2016-primary-residence-exemption/ · CA-7 of 10 · v1.0 March 2026 · Data verified