A new California law, AB 2016, changes the process for transferring real property after someone dies. If your loved one passes away on or after April 1, 2025, and their primary residence is worth $750,000 or less, you might avoid formal probate. Here’s how:

     1. Wait 40 Days: You must wait 40 days after the person’s death before filing the petition.

     2. Check Eligibility: Ensure the home was their primary residence and is valued at $750,000 or less. Get an appraisal from a Probate Referee to confirm the value.

     3. Prepare the Petition: Create a petition that includes:

          • Property details (address, legal description).

          • The deceased’s name, date of death, and will status.

          • Names and addresses of heirs and beneficiaries.

          • An inventory and appraisal of the property.

          • A request for the court to decide who inherits the property.

4.      Notify Interested Parties: Notify all heirs, beneficiaries, and people named in the will at least 15 days before the court hearing.

5.      File with the Court: Submit the petition, appraisal, and proof of notice to the Probate Court in the county where the deceased lived or where the property is located.

6.      Attend the Hearing: The court will review the petition. If everything is in order, the judge will issue an order determining who inherits the property.

7.      Record the Order: Record the court’s order with the county recorder’s office to update the property’s title.

This new procedure will save considerable time and the expense of a full probate. **This is intended to be informational only and does not constitute legal advice**