» Probate

How can a probate attorney help with these changes?

A probate attorney can confirm eligibility, prepare documents, meet deadlines, and advise on estate planning to avoid probate in the future.

Do heirs still need to go to court under the new limits?

Sometimes. For example, simplified procedures for real property still require court filings and approval.

Are all assets counted toward these limits?

No. Some assets pass outside probate, such as trust assets, joint tenancy property, life insurance with beneficiaries, and POD/TOD accounts.

Do these new limits apply to everyone immediately?

No. They apply only to estates where the decedent passed away on or after April 1, 2025. Earlier deaths follow older limits.

Has the exemption for unpaid salary or compensation changed?

Yes. The new excluded amount is $20,875, up from about $18,450.

What is the new limit for the Small Estate Set-Aside?

The updated limit is $107,900. This applies to certain cases where a court can set aside a small estate without full probate.

What about smaller real estate holdings (non-primary residence)?

For other real property of small value, the new threshold is $69,625 (up from $61,500).

How much can a primary residence be worth and still avoid full probate?

A primary residence worth $750,000 or less may qualify for a simplified Petition to Determine Succession to Real Property.

What is the new limit for small estates using an affidavit?

The new limit is $208,850 (up from $184,500). Estates at or below this value may use a Small Estate Affidavit instead of full probate.

What changed in California’s probate laws in 2025?

Effective April 1, 2025, California raised several financial thresholds that determine when an estate can use simplified probate procedures.

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