Can I Sell a California
Inherited House Without Probate
in 2026?
Yes, in many cases. Under California Assembly Bill 2016, effective April 1, 2025, families can use a simplified court petition to transfer a decedent's primary residence valued at $750,000 or less, avoiding full probate. The procedure requires a six-month waiting period, a probate referee appraisal, and a Petition to Determine Succession filed in Superior Court. The shortcut applies only to a primary residence, only when value is under $750,000, and only when title was in the decedent's individual name at death.
What Actually Changed in 2025-2026
California Assembly Bill 2016, signed into law in 2024 and effective April 1, 2025, made the most significant change to California small estate procedures in decades. The new law raised the maximum value of real property that can be transferred through a simplified court petition from $184,500 to $750,000, but only for a decedent's primary residence.
The old threshold was effectively useless in modern California. Median home values in nearly every California county exceeded $184,500 years ago. Families inheriting even modest homes were forced into full probate, with court proceedings that typically take 12 to 18 months and cost 4 to 7 percent of gross estate value in statutory fees.
The new $750,000 threshold meaningfully changes the math. According to California Courts Self-Help guidance, eligible families can now use Form DE-310 (Petition to Determine Succession to Real Property) to transfer title without opening formal probate. The savings in time and cost are substantial.
Who Qualifies
Three core requirements must all be met:
1. Primary residence only. The property must have been the decedent's primary residence at the time of death. Investment properties, rental homes, vacation homes, second homes, and undeveloped land do not qualify, even if their value is under $750,000.
2. Gross value under $750,000. The key word is gross. California law uses the property's fair market value at date of death, not the equity. A home worth $800,000 with a $200,000 mortgage does not qualify because the gross value exceeds the threshold, even though the net equity is only $600,000.
3. Six-month waiting period. At least six months must pass after the date of death before the petition can be filed. This is a hard statutory requirement under California Probate Code Sections 13150 through 13157.
What Disqualifies the Property
Several common scenarios make the shortcut unavailable:
Property already in a trust. If the deed was correctly transferred into a living trust during the owner's lifetime, the property passes outside of probate entirely. The successor trustee can sell immediately without any court involvement. No succession petition is needed.
Property held in joint tenancy. Joint tenancy with right of survivorship passes automatically to the surviving joint tenant. The survivor records an Affidavit of Death of Joint Tenant with the county recorder and takes full title. No probate, no petition required.
Value over $750,000. A home valued at $750,001 does not qualify. There is no proration or partial benefit. Estates above the threshold must use full formal probate.
Multiple real estate parcels. The simplified petition handles only one primary residence. Estates with rental property, undeveloped land, or vacation homes need additional procedures or full probate for those other properties.
Other estate assets push past combined thresholds. The personal property affidavit threshold is separate at $239,700 (effective April 1, 2026). If non-real-estate assets exceed that limit, the strategy gets more complicated.
The Step-by-Step Process
Once qualified, the procedure follows a defined sequence:
Step 1. Wait Six Months
You cannot file the petition until at least six months after the date of death. Use this time to order death certificates, get a professional appraisal, and consult with an estate attorney about whether this procedure is appropriate.
Step 2. Get a Probate Referee Appraisal
The petition requires a sworn appraisal by a court-appointed probate referee establishing the property's fair market value at date of death. This is different from a standard real estate appraisal. The probate referee is appointed by the court when you file the petition.
Step 3. File the Petition
File the Petition to Determine Succession to Real Property (Form DE-310) in the Superior Court of the county where the property is located. The petition must include:
The petitioner's relationship to the decedent. A legal description of the property. The probate referee's appraisal showing value at or below $750,000. A statement that the property was the decedent's primary residence at death. Notice to all heirs and beneficiaries.
Step 4. Notice to Creditors and Interested Parties
California Probate Code requires notice be given to creditors and other interested parties. This is similar to formal probate notice but typically faster and less formal.
Step 5. Hearing and Court Order
The court schedules a hearing. If the petition is unopposed and all requirements are met, the court issues an order determining succession to the property. This order is recorded with the county and serves as proof of title transfer.
Step 6. Sell or Transfer
Once title is in the heirs' names (per the court order), the property can be sold like any other residential property, transferred to one heir who buys out the others, or kept by the heirs as joint owners.
Real-World Examples
| Scenario | Qualifies? | Why |
|---|---|---|
| Mom's primary residence, valued at $725,000, individually titled | Yes | Under threshold, primary residence, in individual name |
| Mom's home valued at $800,000 | No | Over $750,000 threshold |
| Mom's home valued at $725,000 plus a $300,000 rental property | Partial | Petition handles primary residence only; rental needs separate procedure |
| Dad's home in joint tenancy with surviving spouse | N/A | Joint tenancy passes automatically; no probate needed |
| Home worth $725,000 but in a trust | N/A | Trust property bypasses probate entirely; trustee sells directly |
| Vacation home in Tahoe, primary residence in Sacramento | Primary only | Sacramento home may qualify if under $750k; Tahoe home does not |
The Hidden Traps
Several issues catch families off guard:
The threshold uses gross, not net, value. A house worth $760,000 with a $400,000 mortgage does not qualify, even though net equity is only $360,000. Many families miscalculate this and assume they can use the shortcut when they cannot.
Title companies may scrutinize the order. While the court order is legally sufficient, some title insurance companies have been slow to fully accept these orders. Working with an experienced California title company is important when selling property transferred through this procedure.
Proposition 19 still applies. The simplified succession petition does not affect Proposition 19. If you take title through this procedure and do not make the home your primary residence within twelve months, the property is still subject to full reassessment to current market value. The shortcut saves probate time; it does not save property tax.
Disputes among heirs derail the petition. If any heir objects to the petition or contests the will, the simplified procedure becomes contested. Full probate may then be unavoidable.
Creditor claims still must be addressed. The simplified petition does not extinguish creditor claims against the estate. If the decedent had significant debts, full probate may still be the safer path despite being slower.
"Under $750k means no problem." Not quite. The shortcut bypasses probate court procedure, but the family still needs to navigate title transfer, Proposition 19 timing, creditor claims, sale logistics, and any disputes among heirs. The legal shortcut is one piece of a larger transaction. Wolf Allies connects you with agents and attorneys who handle the full picture.
How This Affects Your Sale Strategy
Even with the simplified petition, you still need a real estate strategy. Common patterns we see at Wolf Allies:
The "sell quickly" scenario. Heirs file the petition, get the court order, and list the property within the twelve-month Prop 19 window. This is the most common outcome for families who inherit a primary residence under $750,000 and have no use for it themselves.
The "buyout" scenario. One heir wants to keep the property and live there. The petition transfers title to all heirs, then a buyout closes within the twelve-month window. The buying heir makes the home their primary residence, preserving the Prop 19 exclusion.
The "wait and see" scenario. Heirs file the petition but delay decisions. This usually erodes the inheritance through Prop 19 reassessment and carrying costs. Inaction is expensive in California real estate.
Frequently Asked Questions
How long does the simplified petition take?
From the six-month minimum waiting period through hearing and court order, expect another three to six months. Total time from death to clear title: typically nine to twelve months. Significantly faster than full probate (12 to 24 months) but not instant.
What does it cost?
Filing fees, probate referee fees, attorney fees, and notice publication costs. Total typically runs $3,000 to $8,000 depending on attorney involvement and county filing fees. Compare to full probate on an $800,000 estate: statutory fees alone often exceed $35,000.
Do I need an attorney?
The petition is technically a court filing you could complete pro se. In practice, most families use an attorney because the filings, notices, and hearing procedure are unfamiliar territory. The legal cost is small relative to the savings versus full probate.
What if the home is exactly $750,000 or borderline?
The probate referee's appraisal is the controlling number. Borderline situations require careful planning. If the property might appraise above $750,000, families sometimes wait for a known down market or consult with a probate referee in advance.
Can I list the property for sale before the petition is approved?
Technically you cannot transfer title until the court order is issued. However, the property can be marketed during the petition process so a sale closes shortly after title transfer. An experienced California real estate agent who handles probate-adjacent sales coordinates the timing.
What if the property was the decedent's primary residence but I rent it out after death?
The "primary residence" determination is made as of the date of death. What happens after death does not change qualification for the petition. However, your use of the property after taking title affects Proposition 19 reassessment.
- California Assembly Bill 2016, effective April 1, 2025, raised the primary residence simplified succession threshold from $184,500 to $750,000.
- The procedure uses California Probate Code Sections 13150 through 13157 and Judicial Council Form DE-310.
- Threshold uses gross fair market value at date of death, not net equity after mortgage.
- A six-month waiting period and probate referee appraisal are mandatory.
- Procedure applies only to the decedent's primary residence in California.
- Investment property, rental homes, and vacation homes do not qualify.
- Trust-held property and joint tenancy property already bypass probate without this procedure.
- Proposition 19 reassessment rules still apply regardless of which transfer procedure is used.
- Next CPI adjustment to the $750,000 threshold is scheduled for April 1, 2028.
Wolf Allies connects you with a California specialist who understands the simplified petition, Prop 19 timing, and the full transaction. Free, never affects your commission.
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