Do I need to go through probate for my parent's house in California?

First, check whether the house even counts

Before anyone panics about probate, look at how the house was titled. California Probate Code 13050 leaves certain property out when it figures the size of an estate for these shortcuts.

• Property held in joint tenancy
• Property in a trust the person could revoke during their life, which is the usual living trust
• Property that passes to a surviving spouse under the spousal rules
• Property where the person had only a life interest that ended at death

If Mom's house was deeded into her living trust, it is handled by the trustee under the trust, not by these probate limits. Pull the most recent recorded deed. It takes ten minutes and can save you months.

If the deed says she owned it in her own name, keep reading. That is where the dollar limits come in.

The limits depend on the date of death

California raised several of these limits for deaths on or after April 1, 2025. The court form that lists them is DE-300. The numbers below are taken from that form.

For deaths before April 1, 2022, the small value real property limit was $55,425.

Two details matter. First, these are gross values, meaning the value before any mortgage is subtracted. A house worth $800,000 with a $600,000 loan is still an $800,000 house for this test. Second, the date of death sets the limit, not the date you file.

In much of the Bay Area, the $69,625 affidavit covers a parking space and maybe a shed. The $750,000 petition is the one most families are really asking about.

How the $750,000 primary residence petition works

Under Probate Code 13151, the person who inherits an interest in the house (the successor) can ask the superior court for an order that the house passes to them, without opening a full probate. The basic rules:

• Wait at least 40 days after the death before filing.
• The house must have been the person's primary residence in California, and its gross value must be within the limit.
• File in the superior court of the county where the estate could be administered.
• Notify each heir and beneficiary named in the petition within five business days of filing.
• Attach an inventory and appraisal of the house, done by a probate referee.

That last item is the one people miss. You cannot attach a printout from a home value website and call it an appraisal. The court wants the referee's number.

Who sets the value for the court

Probate Code 13152 says the inventory and appraisal for the petition must be made by a probate referee selected by the petitioner, from the referees appointed by the State Controller who can appraise property in that county. The small value affidavit, form DE-305, also requires an inventory and appraisal by a referee appointed by the Controller. That affidavit also cannot be used until at least six months have passed since the death.

Here is why the value matters so much. The limit works like a cliff. A primary residence valued at $750,000 qualifies. One valued at $750,001 does not. That single dollar may be the most expensive dollar in California.

The referee's appraisal serves the court process. For your income tax basis, the IRS standard is fair market value on the date of death. Many families also order a private retrospective appraisal, meaning a value as of a past date, that shows the comparable sales and adjustments. It answers a different question, and it is the report you will want if you sell later.

What I see in the field

Families often assume they know which side of the line the house is on. Sometimes they are right. Often the guess comes from today's online estimate, which is the wrong date and has never seen the house.

A parent's home is frequently a house that has not been updated in years. Buyers in the markets I work react to condition more than to age, so a dated kitchen, an old roof or deferred repairs can move the date of death value more than people expect. That can matter a lot when the house sits near a limit.

The value should come from what similar homes actually sold for around the date of death, adjusted for how this house differed. Facts over feelings. The uncle who "knows the market" is welcome at Thanksgiving, not in the court file.

What to do next

1. Get the death certificate and write down the exact date of death. It decides which limits apply.
2. Pull the recorded deed to see whether the house was in a trust, in joint tenancy or in your parent's own name.
3. Get a realistic read on value as of the date of death before choosing a path.
4. If it may qualify for the petition, wait 40 days, select a probate referee for that county, and file form DE-310 with the inventory and appraisal attached.
5. If it is clearly over the limit, talk with a probate attorney about the full probate process.
6. Keep a private date of death appraisal with your tax records if you may sell later.

This is general information. Your rights and the right procedure depend on the facts, so confirm with a California attorney.