When a loved one dies, full probate can be slow, expensive, and emotionally taxing. Thankfully, California law offers a series of shortcuts—called “summary probate procedures”—that allow families to transfer assets quickly and cost-effectively when the estate is small enough. One of the major changes (April 1, 2025) is the Petition for Court Order: Succession to Primary Residence, which allows a streamlined probate procedure for your primary residence if it is valued at $750,000 or less.
Below are the key procedures under the California Probate Code, what they do, and when they apply. All Dollar values are as of April 1, 2025.
1. SMALL ESTATE SET-ASIDE UNDER Probate Code §§ 6600–6613
This procedure allows a surviving spouse, domestic partner, or minor child to ask the court to set aside the entire estate (not exceeding $107,900 for deaths on or after April 1, 2025) for their support—even ahead of creditors.
🔍 What it means:
If the estate is modest in value and the surviving spouse or minor child can show they need financial support, the court can award the whole estate to them, bypassing ordinary administration. Even if the spouse has remarried, they may qualify (though they face a rebuttable presumption under § 6609(b) that support is no longer needed).
✅ Important clarification:
This procedure may apply even if the surviving spouse, domestic partner, or minor child is not named in the decedent’s will.
The court focuses on the need for support, not on whether the survivor is an heir or beneficiary. Under § 6606, the estate can be awarded to a surviving family member despite a will naming someone else. The law prioritizes the financial security of close family over testamentary preferences in small estates.
2. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION UNDER Probate Code §§ 13000–13606
This umbrella category includes several simplified estate transfer procedures for small estates. These options are designed to avoid full probate, which can be expensive, time-consuming, and heavily court-supervised.
🔍 What does “without administration” mean?
It means the estate does not require the appointment of a personal representative, and does not go through the full probate process involving notice to creditors, court supervision of inventories, or formal accountings. However, the level of court involvement varies:
🟢 Affidavit-Based Procedures: No Court Involvement
These procedures allow a successor to collect property by signing a sworn affidavit, without filing anything in court.
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✅ Fast
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✅ Low cost
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✅ Common for bank accounts, vehicles, wages
🟡 Petition-Based Procedures: Minimal Court Involvement
These require filing a petition in probate court, but do not require full administration. A court order is typically issued based on a single petition and hearing.
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✅ Streamlined
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✅ No personal representative appointed
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✅ May protect against creditor claims
2.a. § 13050(c) – Property Excluded from Value Determination
Certain assets, such as up to $20,875 in unpaid wages, don’t count toward the small estate limit.
2.b. §§ 13100–13101 – Affidavit for Collection of Personal Property
If the decedent’s personal and real property (excluding exempt assets) totals $208,850 or less, a successor can claim assets without going to court.
🔍 Who is a “successor”?
A successor is someone legally entitled to inherit—either under a will or California intestacy laws if there is no will.
2.c. §§ 13151–13154 – Petition for Court Order: Succession to Primary Residence
If the decedent’s primary residence in California is valued (as appraised by a probate referee) at $750,000 or less (for deaths on or after April 1, 2025), an heir or beneficiary may file a petition to have the property transferred by court order without going through full probate.
🔍 What it means:
This procedure allows a qualifying heir to transfer title to a home that falls within the statutory value limit using a streamlined court process. It is especially useful when the decedent did not place the residence into a trust or use another non-probate transfer mechanism.
2.d. § 13200 – Affidavit for Succession to Real Property of Small Value
If the total real property is worth $69,625 or less, heirs can file a simplified court petition and avoid formal probate.
2.e. §§ 13600–13601 – Affidavit for Collection of Compensation Owed to Deceased Spouse
A surviving spouse or domestic partner can collect up to $20,875 in wages or compensation without probate.
➡️ No limit applies if the decedent was a peace officer or firefighter under Gov. Code § 22820(a).
📊 Summary Table: California Small Estate Probate Alternatives (2025)
| Procedure | Statute | Max Value (2025) | Court Involved? | Used For |
|---|---|---|---|---|
| Small Estate Set-Aside | §§ 6600–6613 | $107,900 | ✅ Minimal petition | Full estate transfer to spouse/child for support |
| Excluded Wages | § 13050(c) | $20,875 (excluded from valuation) | ❌ No | Final paychecks not counted toward estate limit |
| Affidavit: Personal Property | §§ 13100–13101 | $208,850 | ❌ No | Bank accounts, stocks, valuables |
| Court Order: Succession to Primary Residence | §§ 13151–13154 | $750,000 | ✅ Petition + Order | Transfer of home without full probate |
| Affidavit: Real Property (Small Value) | § 13200 | $69,625 | ✅ Petition + Order | Transfer of modest real estate |
| Spousal Compensation Affidavit | §§ 13600–13601 | $20,875 | ❌ No | Wages/commissions owed to spouse |
✅ Conclusion: Plan Smart, Avoid Probate When Possible
These summary probate procedures are valuable tools for keeping families out of court and transferring assets quickly. Whether you’re a surviving spouse, a trustee, or just helping a parent with estate planning, knowing when these shortcuts apply can save time, money, and stress.
However, for most families a revocable living trust sis till the best bet for avoiding probate altogether, especially if the primary residence is valued at more than $ 750K.
Revocable Transfer on Death Deeds (RTODD): A Trust Alternative
