Reviewed by Rozsa Gyene, California attorney. Last reviewed October 2026.
Answer a few questions about the person who died and what they owned. The checker applies the California small estate rules for that date of death, leaves out assets that pass outside probate, and tells you whether a full probate looks necessary, which shortcut fits each group of assets, and which court form to use.
Figures checked October 7, 2026. Sources are listed under "How this is calculated".
General information, not legal advice. This tool gives a first look from the figures you enter and the California rules listed below. It does not create an attorney-client relationship. Your situation may differ; talk to a California attorney before you act on the result.
The checker sorts what the decedent owned into groups, leaves out what passes outside probate, and then tests each group against the dollar limit for the date of death. The limits are adjusted every three years under Probate Code §890; the Judicial Council publishes them in its table of adjusted amounts. The checker applies the Probate Code as it reads today, with the dollar amount for the date of death.
| Date of death | §13100 affidavit | §13151 home petition | §13200 affidavit |
|---|---|---|---|
| January 1, 2020 through March 31, 2022 | $166,250 | $166,250 | $55,425 |
| April 1, 2022 through March 31, 2025 | $184,500 | $184,500 | $61,500 |
| On or after April 1, 2025 | $208,850 | $750,000 | $69,625 |
For a death on or after April 1, 2025, the limit under Probate Code §13100 is $208,850. It was $184,500 for deaths from April 1, 2022 through March 31, 2025, and $166,250 before that. The limit applies to the gross value of the California estate, without subtracting debts or a mortgage, and leaves out assets that pass outside probate.
A house held in a living trust, in joint tenancy or under a recorded transfer on death deed does not count. A primary residence in the decedent's own name can go by a separate court petition under Probate Code §13151 if it is worth $750,000 or less (deaths on or after April 1, 2025), and a home handled that way is left out of the §13100 count. Other real estate in the decedent's name does count.
Probate Code §13050 leaves out joint tenancy property, property in a revocable living trust, property passing to a surviving spouse, and accounts payable on death or held with a surviving co-owner. Cars, boats and registered mobilehomes are left out too. Property passing by a transfer on death deed, and life insurance or retirement accounts paid to a named beneficiary, are not probate assets.
A §13100 small estate affidavit and a §13151 primary residence petition can be used once 40 days have passed since the death. A §13200 affidavit for real property of small value cannot be filed until six months after the death.
Usually not for property that goes to the spouse or registered domestic partner under the will or with no will. There is no dollar limit. A spousal or domestic partner property petition (form DE-221) under Probate Code §13650 gets a court order confirming the transfer, which a title company often asks for before it will insure a sale of the house.
Put your home and other major assets in a living trust and keep it funded. Our attorney-prepared trust is $400 for one person or $500 for a married couple, and the deed that moves your home into the trust is $100, so your home stays out of probate for a $400 trust plus $100 deed.
An attorney-prepared living trust is $400 for one person or $500 for a married couple. Moving your home into it takes a deed, which we prepare for $100 per property.
Law Offices of Rozsa Gyene, 3500 W. Olive Ave., Suite 300, Burbank, CA 91505. California State Bar #208356.
Legal Review By
California State Bar #208356 | Licensed Since 2000
25+ years estate planning experience in California