California’s AB 2016: What Homeowners & Families Need to Know About the New Probate Law

California's AB 2016—effective April 1, 2025—introduced major changes to the probate process for small estates. For families navigating the loss of a loved one, this new law could make transferring real estate faster, easier, and less costly.

At Aragone & Associates, we specialize in probate and trust real estate across Orange County, Los Angeles County, and Riverside County. Here's a breakdown of what this new law means for you and how it could impact your family's estate planning or real estate decisions.

What Is AB 2016?

AB 2016 raises the probate threshold for a decedent's primary residence to $750,000 or less. This means that if the largest asset in an estate is the family home, more Californians can now use a simplified petition process instead of going through a lengthy, expensive formal probate.

Important to note: This update applies only to the primary residence. Other assets—such as cash, stocks, or investment properties—still fall under the smaller probate threshold of $184,500.

Why This Matters

Probate has a reputation for being complicated, time-consuming, and costly. AB 2016 helps reduce those burdens by:

  • Simplifying the process for estates where the primary residence is valued at $750,000 or less
  • Saving families money by avoiding the full probate process
  • Speeding up real estate transfers, so heirs can move forward sooner
  • Reducing court involvement, which helps limit delays and potential disputes

For Southern California homeowners, where property values often hover near this threshold, this change could make a significant difference.

How the Simplified Probate Process Works

Here’s a high-level overview of what to expect under AB 2016:

  1. Wait 40 days after the decedent’s passing before filing.
  2. Verify eligibility: Confirm the property is the decedent’s primary residence and valued at $750,000 or less.
  3. Prepare the petition: Include an appraisal, decedent information, heirs/beneficiaries, and a request for court determination.
  4. Notify heirs & beneficiaries: Provide notice at least 15 days before the hearing.
  5. File with probate court in the county where the decedent resided.
  6. Record the court order with the county recorder’s office to transfer title.

Why a Living Trust Still Matters

While AB 2016 makes probate easier, it’s not a replacement for a living trust. A trust allows you to:

  • Avoid probate entirely
  • Maintain privacy (probate is public)
  • Plan for incapacity
  • Provide greater control over how assets are managed and distributed

If avoiding probate altogether is your goal, a properly prepared living trust is still the best option.

How Aragone & Associates Can Help

As Certified Probate Real Estate Specialists (CPRES), we guide families through every step of the probate real estate process. Whether you’re an executor, attorney, or heir, our team ensures your property is handled with care, compliance, and strategy.

We proudly serve clients across Orange County, Los Angeles County, Riverside County—and all of Southern California.

California’s AB 2016 is a welcome update for families navigating probate, particularly in Southern California where home values are high. But while this law streamlines the process, every estate is unique. Working with professionals who understand both real estate and probate law is essential to ensuring a smooth, cost-effective transfer.

Have questions about how AB 2016 could affect your estate or an inherited property? Contact Aragone & Associates today. Our team is here to simplify the process and protect your family’s best interests. Call us at 949-415-4784 or email us at [email protected].

 

For more insights on real estate and estate planning, explore our blog and connect with our expert team.

Disclaimer: We are not real estate attorneys, and the information provided should not be considered legal advice. We strongly recommend consulting with qualified legal counsel regarding your specific situation. If you do not currently have legal representation, feel free to reach out to us, and we can connect you with one of our trusted attorneys.

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