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As Realtors who work closely with families, going through probate is exhausting. It’s not just paperwork; it’s emotions, logistics, and, sometimes, confusion over what needs to happen next. That’s why we wanted to share some important updates on California’s probate laws that might make your life easier if you’re dealing with this right now or help you plan ahead to avoid probate entirely.
What changed in California’s probate law? As of April 1, 2025, California has streamlined the probate process for homes valued up to $750,000. This is a significant increase from the previous thresholds of $500,000 and below. If the home falls within the new range, it no longer has to go through the courts, simplifying the process.
But before you breathe a sigh of relief, let me clarify a few key points:
• Primary residence requirement. The deceased must have lived in the property as their primary residence. Vacation homes or rental properties don’t qualify under these rules.
• Appraisal requirement. Even though the home doesn’t need to go to court, an appraisal by a probate referee is still required to determine its value.
• Waiting period. There’s a mandatory waiting period of 40 days from the date of death before any action can move forward.
These stipulations are important, so consult a probate attorney to ensure everything is handled correctly.
Why should you avoid probate? The updated law can significantly help homeowners transfer their property; however, most homes in California exceed the $750,000 threshold. And if your property does, you’ll still face the full probate process unless you’ve taken steps to avoid it.
The probate process has become more challenging in recent years. Since the pandemic, we’ve seen a surge in cases, largely due to the aging baby boomer generation. Courts are backed up, causing frustration as families wait months or even years to settle estates. For many, avoiding probate court saves time and money, making an already tough situation a bit simpler.
What’s the alternative to probate? We recommend you create a trust. A properly structured trust allows your assets, including your home, to transfer directly to your beneficiaries without going through probate. There are no court appearances, no lengthy delays, and far less hassle overall.
Setting up a living trust is one of the best gifts you can give your loved ones. Our team works closely with trusted probate professionals who specialize in helping clients establish solid estate plans. Whether starting from scratch or updating an existing plan, we’d happily connect you with someone knowledgeable and reliable.
Thinking about estate planning isn’t fun. But neither is leaving your family stuck in a complicated legal maze while they’re grieving. Whether you need advice on the latest probate laws, referrals to experienced attorneys, or assistance selling inherited property, we’ve got your back. Call us anytime at (209) 834-2680 or homefinder@homebuyersrealty.com. You don’t have to figure this out alone—we’re here to help.
