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California's $208,850 Probate Threshold Explained

By Kristi Day, Living Trust Advisor · Published October 4, 2026 · Last reviewed October 24, 2026
Quick answer: Since April 1, 2025, California estates with more than $208,850 in gross assets generally have to go through probate. Assets held in a living trust, joint tenancy, or with a named beneficiary do not count toward that limit, and a primary home worth up to $750,000 may qualify for a simpler court petition.

On April 1, 2025, California raised its small-estate limit to $208,850 (from $184,500). If someone dies with more than that in assets that pass outside a trust or beneficiary designation, their family generally needs full probate. The limit is adjusted every three years; the next update is scheduled for April 1, 2028.

What counts toward the limit

What usually doesn't count

The $750,000 primary residence petition

Newer rules (AB 2016) allow a simplified court petition for a primary residence worth up to $750,000 that passes to heirs. It's simpler than full probate — but it's still a court process, and many Southern California homes are worth more.

The simple fix

A funded living trust keeps your home and accounts out of probate no matter how much they're worth. Talk with Kristi about whether a trust makes sense for you.

Talk with Kristi — free, no obligation

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