The best way to avoid having your property go through probate when you die is to put it in a trust and name successor trustees, if you don't do that your property may have to go through probate after your death. Probate is a court-supervised process that validates a person’s will, settles debts, and distributes their estate after death. This means more time and money spent. California law allows “small estates” to skip probate if the value of certain assets falls below a set threshold. These assets are items owned solely in the decedent’s name without a designated beneficiary. These typically include bank accounts, stocks, vehicles, and other personal property not held in a trust or joint ownership.
Previously, estates with less than $184,500 in probate assets could qualify for this simplified process. As of April 1, 2025, that threshold rose to roughly $200,000 for personal property. And, for the first time, certain real property may also qualify. Primary residences—which were historically excluded from simplified procedures—can now qualify as part of a small estate, if they are valued at $750,000 or less. That means you can avoid the drawn out probate process if the property is valued at $750,000 or less. Good news but still a reminder that you can avoid probate completely if you put your assets in a trust.
