It may be surprising to many families just how manageable the probate process can be, according to state laws. Many executors handling the estate of a loved one in the Golden State can benefit from understanding California’s simplified probate procedures. Keep reading to learn more about which estates can use these procedures. If you need information related to a specific case, a probate attorney can help.

What Is Probate?

Probate refers to the court-supervised legal process that oversees how the assets in an estate are distributed to creditors and beneficiaries. Essentially, probate ensures the following:

• Debts are settled
• Taxes are paid
• Intended beneficiaries receive property from the deceased the right way

When there is a will, the court validates the document and ensures that the estate is properly managed by the executor.  But when someone passes away without having detailed their wishes in a will, the court relies on California’s intestate succession laws. Doing so can help determine who inherits what. The probate process generally takes as little as nine months and as much as a year to settle.

During this process, the executor or representative of the estate must take care of the following:

• Notify creditors
• Take stock of the decedent’s assets
• File various legal paperwork

California has clear legal pathways that can simplify probate matters. These options can help families who meet certain requirements avoid full court intervention. As a result, they can save significant money and time.

It is still imperative that families comply with California probate laws, even when they can use a simplified procedure. This includes, but is not limited to:

• Filing petitions
• Communicating with the court
• Completing paperwork accurately

An Overview of California’s Simplified Probate Procedures

California’s simplified probate procedures address smaller or less complicated estates that have a lower value than the threshold set by the state. Estates with a value of less than $208,850 meet the requirements for streamlined probate processes as of April 1, 2025. This does not include the deceased’s primary residence, which can be up to $750,000. This means that the family can complete asset transfers through an affidavit or summary process instead of in court.

Family estates must also meet other specific terms in order to qualify for simplified probate procedures. These conditions include the following:

• A lack of complex trust
• No disputed wills
• No significant issues with creditors

Additionally, families pursuing these procedures must also be aware that life insurance, joint tenancy properties, and other non-probate assets are not included in the calculation of the estate’s value. Families must also know that there are specific forms they must fill out to claim property through simplified procedures. Forms that are missing information or are filled out incorrectly can cause delays in the process.

Common Challenges

Clients can still face challenges that arise in probate cases, even with the streamlined nature of simplified procedures. Family disagreements are one of the more commonly occurring challenges that can stop progress in a probate case. Disputes between beneficiaries often focus on how the deceased’s property should be distributed.

Other issues that may occur and delay probate cases include the following:

• Incomplete or outdated estate paperwork that does not meet court requirements
• An inability to accurately identify and determine the value of the assets involved
• Missing details about bank accounts, jointly owned assets, and digital properties
• Underestimating the importance of notifying creditors within the proper time frame

The support of a probate attorney can help families manage their legal responsibilities, prevent such mistakes, and make sure the probate process goes smoothly.

FAQs

Q: How Is the Simplified Probate Process in California Different From Standard Probate?

A: The simplified probate process in California is different from standard probate in that it has shorter timelines, fewer court hearings, lower fees and other costs, and reduced oversight by the probate court. It often uses affidavits in place of more formal administrative processes. However, the simplified process does not offer the same protection against creditors that the standard probate process offers. A skilled probate lawyer can help determine which applies in your case.

Q: What Are the Steps of Simplified Probate in California?

A: There are several steps of simplified probate in California. The process begins when the estate’s executor files a petition with the superior court in the county where the decedent resided. The court then verifies the will and approves an inventory of assets. The executor must settle any debts the deceased had, manage taxes, and distribute property to the heirs and beneficiaries. The time it takes to complete this process is often based on the complexity of the estate.

Q: Which Assets Do Not Go Through Probate?

A: There are several assets that do not have to go through probate. Examples of such assets include retirement accounts, properties owned jointly with survivorship rights, payable-on-death bank accounts, and life insurance policies that name beneficiaries. Consider that assets in living trusts automatically transfer to the named beneficiary. These assets bypass court intervention, which simplifies the process even more.

If you are unsure which assets need to go through probate, a knowledgeable probate lawyer can evaluate and explain how the laws apply.

Q: What Is the New Probate Law in California?

A: The new probate law in California is Assembly Bill 2016. The recent change adjusted the financial threshold for smaller estates to $208,850 for people who died after April 1, 2025, plus up to $750,000 for the decedent’s primary residence. This change helps make simplified probate procedures accessible to more families. This also lightens the burden for beneficiaries at a difficult and stressful time, as well as the load on the probate court system.

Hire a Probate Lawyer: Paul V. L. Campo Attorney at Law

Even simplified probate procedures need to be handled with care to avoid disputes. You need to hire a probate lawyer who provides attention to detail, adherence to legal timelines, and accurate estate valuations.

Paul V. L. Campo has over three decades of experience practicing law in California. Our compassionate legal team advocates on clients’ behalf with a genuine commitment to client care. We take the time to help clients understand how California’s probate laws impact them and their families.

Reach out to our office today to set up an initial consultation and learn your legal options.