Losing a family member is difficult enough without having to determine whether a court probate is required. In California, not every estate has to go through a full probate proceeding. Whether probate is necessary depends on several factors, including how the deceased person’s property was owned, the type and value of the assets, and whether those assets pass to someone outside of probate.
California also changed important probate rules in 2025, including a new procedure that may allow certain primary residences valued at up to $750,000 to be transferred without a full probate administration.
For families in Los Angeles County, understanding these rules can help determine whether a formal probate is necessary or whether a simpler procedure may be available.
When Is Probate Required in California?
A formal probate may be required when a person dies owning assets in their individual name that do not automatically pass to someone else. This commonly occurs when the deceased person owned real estate, bank or investment accounts, or other property without a surviving joint owner, designated beneficiary, or trust that controls the transfer.
Whether probate is required is not determined simply by whether the person had a will. A will states who should receive property, but property governed by the will may still have to pass through probate. By contrast, assets held in a living trust, accounts with valid beneficiary designations, and certain jointly owned property may pass outside probate.
Before opening a probate case, it is therefore important to identify what the person owned, how each asset was titled, and the value of the assets that are subject to probate.
California’s Small Estate Rules Changed in 2025
California provides simplified procedures that may allow certain property to be transferred without a full probate. The procedure available depends on the type of property, its value, and the date of death.
For a person who died on or after April 1, 2025, the current small-estate limit for transferring qualifying personal property is $208,850. Certain assets are excluded when determining whether an estate falls within this limit, so the calculation is not necessarily the same as adding up everything the person owned.
California also made an important change involving a deceased person’s primary residence in California. For deaths occurring on or after April 1, 2025, a successor may be able to petition the court to transfer a qualifying primary residence with a gross value of up to $750,000 without going through a full probate administration. At least 40 days must have passed after the death, and other statutory requirements apply.
The $750,000 rule does not mean that every California estate worth less than $750,000 avoids probate. It is a specific procedure involving qualifying California real property that was the decedent’s primary residence. Other property and circumstances can affect whether a formal probate is still necessary.
What Assets Can Avoid Probate?
Many assets can pass to another person without a formal probate proceeding. Common examples include:
- Property held in a living trust
- Bank, investment, or retirement accounts with a valid payable-on-death or beneficiary designation
- Life insurance with a named beneficiary
- Property owned in joint tenancy with right of survivorship
- Certain property passing to a surviving spouse or registered domestic partner
Whether an asset avoids probate depends on how it was legally owned or designated at the time of death. For example, simply mentioning an account or piece of real estate in a will does not necessarily cause it to pass outside probate.
This is why one of the first steps after a death is to review the title to the real property, account ownership, beneficiary designations, and any trust documents before deciding that a probate case must be opened.
Probate in Los Angeles County
If a formal probate is required, the case is generally filed in the California county where the deceased person was living at the time of death. For a Los Angeles County resident, the probate proceeding is handled through the Los Angeles Superior Court.
The probate process generally involves asking the court to appoint a personal representative, identifying and valuing estate assets, providing required notices, addressing creditor claims and taxes, and ultimately obtaining court authority to distribute the estate to the beneficiaries or heirs.
Probate can become more complicated when the estate includes real property, particularly when a home must be valued, transferred, or sold. Determining at the outset whether a full probate is actually required—or whether one of California’s simplified procedures applies—can save a family unnecessary time and expense.
Do You Need Help With a Los Angeles County Probate?
Every estate is different. The value of the estate is important, but so are the way assets are titled, beneficiary designations, trusts, real property, and the date of death.
Legal Action Workshop has helped California families with legal matters for more than 40 years. If you need assistance determining whether probate is required or handling a probate in Los Angeles County, call (818) 246-0073 for a free consultation.
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