How to Avoid Probate in California: 2026 Rules
Probate is the court process for settling an estate when assets were left in the deceased person's own name. In busy California counties it commonly runs a year-and-a-half to two years, the fees are set by statute as a percentage of the estate, and every filing is public. Our founding story involves an eight-year probate, so we take this topic personally.
Photo by Saúl Bucio
The positive takeaway is that in 2026, California expanded the tools for bypassing court, providing more flexibility. Below is a breakdown of how it works:
Know the thresholds first
Some estates skip probate simply by being small enough that they fall under the updated limits:
$239,700 small estate limit. For deaths on or after April 1, 2026, heirs can collect bank accounts, investments, and other personal property with a simple affidavit under Probate Code Section 13100, with no court case at all, when the qualifying estate is under this amount.
$750,000 primary residence petition. Assembly Bill 2016, effective April 1, 2025, created a streamlined court petition for a primary residence with a gross value up to $750,000. It requires a filing, notice, and a hearing, and it is far faster and cheaper than full probate.
Both figures adjust on a schedule, so check the current numbers before relying on them. However, the issue is that a large share of homes in Studio City, Mission Viejo, much of Los Angeles County, and much of Orange County are worth more than $750,000. If the home exceeds that value, the shortcut is unavailable and the whole estate faces regular probate.
The tools that keep an estate out of court entirely
For everyone whose home or total assets sit above the thresholds, avoiding probate means titling assets so they transfer automatically. California offers several routes, each with tradeoffs.
A revocable living trust. Assets titled in the trust pass to your beneficiaries under the trust's instructions, privately and without a court case. The trust also covers incapacity, letting your chosen successor manage things if you cannot. This remains the most complete and reliable tool, which is why it anchors nearly every plan we build.
Beneficiary designations. Retirement accounts, life insurance, and payable-on-death bank accounts skip probate on their own. They only work when the named people are current, so a designation review belongs in every plan. Our post on beneficiary designation dos and don'ts covers the common mistakes.
A revocable transfer on death deed. California authorizes these deeds for certain residential property through at least January 1, 2032 under current law. The deed names who receives the home at death. It is inexpensive, but it has some serious limitations: it does nothing for incapacity, it can be contested, it has no contingency planning, and it handles only that one property.
Joint tenancy. Adding a co-owner transfers property at death automatically, but we highly discourage using it as a planning tool. Doing so exposes the property to the added co-owner's creditors and divorces and can create capital gains problems later. We wrote about this in Adding Your Kids To Your Deed Is Rarely A Good Idea.
What business owners should add to this list
A business interest left in your own name goes through probate like anything else, and a company can suffer badly during a year of court supervision. Owners usually pair a living trust with entity-level documents, such as an operating agreement or buy-sell agreement that says who steps in so the business keeps running while the estate settles.
One more 2026 change to know about
Effective January 1, 2026, Assembly Bill 1521 added a notice requirement for estates that do go through probate: the personal representative must notify the state Department of Child Support Services if the deceased person owed child support. This small change mostly affects administrators, but it’s a good reminder that probate rules change, adding complexity while trusts help simplify during a time when you most need it.
Frequently asked questions
What is the fastest way to avoid probate in California?
For assets you already hold, beneficiary designations take effect immediately once filed with the bank or plan. For a complete answer covering your home and everything else, a funded revocable living trust is the tool that covers the whole estate at once.
Does the new $750,000 law mean I no longer need a trust?
The AB 2016 petition helps families whose primary residence is worth $750,000 or less, and it still involves a court filing and hearing. Homes above the cap get no benefit, and the petition does nothing for incapacity planning or for other assets.
What is the small estate limit in California?
For deaths on or after April 1, 2026, the small estate affidavit limit is $239,700 for qualifying personal property under Probate Code Section 13100. The figure adjusts regularly.
Do assets in a living trust count toward the probate thresholds?
Assets properly titled in a revocable living trust are excluded from the probate calculation under Probate Code Section 13050, along with joint tenancy property and accounts with named beneficiaries.
How long does probate take in California?
Contested or complicated estates take longer, but even routine probates in Los Angeles and Orange County commonly run 18 to 24 months as of 2026, per published county timeline reports.
Avoiding probate is mostly a matter of deciding to, while you still can. Laurel Trust Law LLP builds flat-fee estate plans from our Studio City and Mission Viejo offices, and we are happy to look at how your assets are titled today. Book a consultation to get started.