California recently enacted Assembly Bill 2016 (AB 2016)—a major reform to the state’s probate laws set to take effect on April 1, 2025—that offers newfound relief for small estates. Here’s what you need to know to avoid unnecessary probate headaches and tap into the benefits of this update.
📈 What AB 2016 Changes
Previously, small estates needed to be under approximately $184,500 (adjusted periodically) to qualify for simplified transfer via affidavit. Starting April 1, 2025, AB 2016 elevates the threshold for a decedent’s primary residence to $750,000, even if the rest of the estate exceeds the personal property limit
This means heirs may now transfer moderately valued homes—without going through full probate—provided the home was the decedent’s California primary residence and does not exceed the new limit.
🏠 How the Streamlined Process Works
The process is called a Petition to Determine Succession to Real Property, and here are the key steps:
Wait 40 days after the death, then file the petition with the probate court in the county where the decedent lived or where the property is located.
Confirm eligibility by obtaining a court-appointed appraisal showing the home value is at or below $750,000.
Notify all heirs and beneficiaries—AB 2016 requires delivery of notice to each person named in the petition at least 15 business days before the hearing
Attend a court hearing. If there are no objections, the judge issues an order transferring the property.
Record the order with the county recorder to officially update title.
This new procedure speeds up the transfer of a family home, bypassing formal probate while still incorporating legal oversight
🧾 Why the Law Matters—but Isn’t Enough
AB 2016 gives relief—but only for primary residences. All other assets—like bank accounts, investments, or vacation properties—remain subject to the older small‑estate affidavit limit of $208,850 (as of April 1, 2025) and may still require full probate if the estate exceeds that threshold.
Further, because AB 2016 requires notifying all heirs, disagreements over the property could still lead to partition actions or disputes that prolong the process.
If your estate includes assets beyond a primary residence—or if you want faster and private administration—a properly structured living trust often remains the superior option. A trust avoids probate entirely for all assets titled within it and spares families court costs and delays.
✅ Quick Comparison: Then vs. Now
| Probate Rule | Before AB 2016 | After April 1, 2025 |
|---|---|---|
| Small estate threshold – non‑real property | Typically $184,500 | Still ~$208,850 |
| Real property (primary home) limit | Also tied to small estate limit | Raised to $750,000 |
| Notice requirement | Not required | Must notify all heirs à 5 business days before hearing |
| Probate avoidance option | Only up to small estate threshold | Simplified petition for primary home up to $750K |
🛡️ Is AB 2016 Enough—or Do You Still Need Estate Planning?
AB 2016 is a welcome reform that broadens eligibility for non‑probate transfers—but that doesn’t mean California residents should skip comprehensive estate planning. Here’s why:
Living trusts still offer full probate avoidance for all assets—not just the primary home.
If multiple types of assets exceed the small estate limits, a trust is still the most effective strategy.
A trust also offers privacy and flexibility in managing and distributing your assets without court supervision.
FAQs About AB 2016
Q1: Does AB 2016 apply to second homes or vacation properties?
No. It only applies to the primary residence of the decedent, not additional properties.
Q2: What happens if the home is worth slightly over $750,000?
If the appraisal shows the home exceeds $750,000, the estate may be subject to formal probate unless other planning tools (like a trust) are in place.
Q3: Do I still need a will or trust if I use AB 2016?
Yes. A trust provides broader protection for all assets, not just the primary home. AB 2016 is a shortcut for certain cases, but not a full estate plan.
Q4: How do I know if my family qualifies for AB 2016?
Consult with an experienced estate planning attorney in Ventura to confirm eligibility and explore your best options.
🏁 Take Action: Make AB 2016 Work for You
If you expect to handle a primary residence valued under $750,000 through AB 2016 or you’re evaluating alternatives like trusts for broader protection, consult a qualified estate planning attorney. They can help determine whether to use the new petition process or a trust, and guide you through the updated requirements.
Need guidance on AB 2016 or estate planning in California?
Schedule a free consultation with our experienced attorneys to explore your options and ensure your legacy is protected under the new law.
📞 Call us at (805) 307-5019 or click here to schedule online.
By Attorney Crista Hermance, Estate Planning Lawyer at Hermance Law. Crista Hermancehelps Ventura families protect their legacies through customized estate plans, trusts, and probate guidance.
