What assets skip probate?

Assets with named beneficiaries — life insurance, retirement accounts, payable-on-death and transfer-on-death accounts — pass directly to the beneficiary. Jointly owned property with right of survivorship and assets in a living trust also avoid probate.

How long does probate take?

A simple estate often settles in a few months to a year; complex or contested estates take longer. Using a small-estate affidavit, where the estate qualifies, is usually much faster than full administration.

Probate · California

Probate & settling an estate in California

In California, estates under $208,850 for deaths through March 31, 2026 — rising to $239,700 for deaths on or after April 1, 2026 can usually skip full probate. California allows transfer of personal property by a small-estate affidavit (Probate Code §13100) at least 40 days after death when the estate is under the limit; real property has a separate, higher-threshold procedure.

Small-estate threshold: $208,850 for deaths through March 31, 2026 — rising to $239,700 for deaths on or after April 1, 2026
How it works: California allows transfer of personal property by a small-estate affidavit (Probate Code §13100) at least 40 days after death when the estate is under the limit; real property has a separate, higher-threshold procedure.
Good to know: California adjusts these limits for inflation periodically.

Probate is the court-supervised process of settling someone's estate — proving the will, paying debts, and distributing what's left. Most states offer a simplified 'small-estate' shortcut when the estate's value is below a set threshold, letting heirs use an affidavit instead of full administration. Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts) and jointly owned property usually pass outside probate entirely. Thresholds, timelines, and forms vary by state, so confirm with the local probate or surrogate's court.

Common questions

What is the small-estate limit in California?: $208,850 for deaths through March 31, 2026 — rising to $239,700 for deaths on or after April 1, 2026. California allows transfer of personal property by a small-estate affidavit (Probate Code §13100) at least 40 days after death when the estate is under the limit; real property has a separate, higher-threshold procedure.
What assets skip probate?: Assets with named beneficiaries — life insurance, retirement accounts, payable-on-death and transfer-on-death accounts — pass directly to the beneficiary. Jointly owned property with right of survivorship and assets in a living trust also avoid probate.
How long does probate take?: A simple estate often settles in a few months to a year; complex or contested estates take longer. Using a small-estate affidavit, where the estate qualifies, is usually much faster than full administration.

What to do when someone dies in California Planning ahead

General guidance, not legal advice. Probate rules and thresholds change — confirm with the Californiaprobate or surrogate's court, or an attorney.