Changes to the Rules in 2025

The California legislature passed a law in 2024, taking effect on April 1, 2025, that makes some significant changes to situations where real property (i.e., land) can be passed on without having to go through probate. For those not in the know, probate is when the courts oversee the administration of the estate to make sure the rules are followed, the estate goes to the people it’s supposed to go to, and bad actors don’t swoop in and make off like bandits with all the cash and family jewels. Probate is required when the estate is worth more than $184,500 (this number will go up on April 1, 2025, but the new amount hasn’t been announced yet).


The legal world is betwixt and between, trying to figure out what all these changes mean. In researching for this article, I saw a number of different claims, most of which contradicted each other. So, I did something radical and actually looked at a redlined version of the amended statutes.


In order to understand the new changes, it’s a good idea to know the old rules first. Let’s do a quick summary of how things currently work:


If someone dies owning real property worth less than $61,500, the person claiming the property can use an Affidavit for Real Property of Small Value to transfer the property without the need for probate. They do need to file this Affidavit with the court, and a probate referee has to confirm the value of the property. If the requirements are met, the court will provide a certified copy of the Affidavit, which the person can file with the County Recorder to transfer the property. It was not as simple as if they had used a trust, but much quicker than probate.


If someone dies owning real property worth more than $61,500 but less than $184,500, the person claiming the property can petition the court for an Order Determining Succession to Property. This process is a little more complicated than the Affidavit but still simpler than probate. The person can include personal property (i.e., stuff) if they so desire, as long as the total is still below $184,500.


So what’s going to change on April 1, 2025?


For the Affidavit: not much. The new legislation didn’t touch this statute at all, so while the dollar amount will be adjusted, it will otherwise stay the same.


For the Order Determining Succession: a lot. For one thing, this Order can now only be used for a primary residence. What is a primary residence? The legislature didn’t see fit to tell us, except to say it doesn’t have to be where the person was living at the time they died. Very helpful.


For another, this Order can be used when the value of the primary residence is $750,000 or less. This is a huge change, and there will be a lot more people who can take advantage of this Order.


Last but certainly not least, when the person petitions the court, they have to notify every heir and devisee (i.e., everyone who’s getting something from the estate) that this petition is being filed. This is a new requirement, and some experts have predicted that this will result in more litigation as family members fight over who gets Mom’s house.


If you feel confused, you’re not alone; many people in the legal world are still figuring out what this all will mean. Thankfully, we have a bit more time to figure it out, though there will likely be some kerfuffles at the outset. At the end of the day, it looks like the changes will be more positive than negative.


If you have questions about these changes or want to make sure your house won’t be subject to probate regardless of these changes, you are welcome to email me at kaway@kawaylaw.com.

Kelly Way Attorney pic and bio Kelley Way was born and raised in Walnut Creek, California. She graduated from UC Davis with a B.A. in English, followed by a Juris Doctorate. Kelley is a member of the California Bar and an aspiring writer of young adult fantasy novels.