AB 2016: California's New Simplified Probate Rules for 2025

What Changed {#what-changed}

Assembly Bill 2016, signed into law in 2024, creates a simplified transfer procedure for primary residences.

Effective date: April 1, 2025 (deaths on or after)

Key provision: Primary residence up to $750,000 can transfer to surviving spouse or domestic partner without full probate.

This is a significant change that will affect how attorneys handle many California estates.

The Old Rules vs. New Rules {#old-rules-vs-new-rules}

Before AB 2016

• Small estate affidavit: $184,500 threshold (as of 2024)
• Anything above: full probate required
• Primary residence usually pushed estate over threshold

After AB 2016

• Small estate affidavit: threshold unchanged
• NEW: Spousal/DP property petition for primary residence up to $750,000
• Can avoid full probate even for valuable homes

This is a game-changer for surviving spouses in expensive California real estate markets.

Who Qualifies {#who-qualifies}

Property Requirements

• Must be decedent's primary residence
• Fair market value $750,000 or less
• Decedent owned as:
  • Community property with right of survivorship
  • Community property
  • Quasi-community property
  • Joint tenancy (specific provisions)

Transferee Requirements

• Surviving spouse, OR
• Surviving domestic partner (registered)
• Must have been residing in home

Timing

• Death on or after April 1, 2025
• No time limit for filing (but sooner is better)

How the Process Works {#how-the-process-works}

Step 1: Confirm Eligibility

• Verify death date (on/after April 1, 2025)
• Confirm property is primary residence
• Verify fair market value ≤ $750,000
• Confirm transferee is surviving spouse/DP

Step 2: Prepare Petition

• Spousal Property Petition (use existing form with AB 2016 provisions)
• Include property description
• Include value determination
• Attach death certificate

Step 3: File with Court

• File in county where decedent resided
• Pay filing fee (varies by county)
• No hearing required if uncontested

Step 4: Court Order

• Court issues order confirming property to survivor
• Record order with county recorder
• Title transfers

Timeline

• Typical: 30-60 days
• Compare to full probate: 9-18 months

Valuation Issues {#valuation-issues}

How to Determine $750,000

• Fair market value at date of death
• Professional appraisal recommended
• County assessor value may not reflect FMV

What If Close to $750,000?

• Conservative approach: get professional appraisal
• If over $750,000: full probate required
• If exactly $750,000: qualifies (threshold is "up to")

What's Included

Just the primary residence. Does not include:

• Other real property
• Personal property
• Bank accounts
• Vehicles

Other assets may still require:

• Small estate affidavit (if under threshold)
• Full probate (if over threshold)
• Separate procedures

Interaction with Other Procedures {#interaction-with-other-procedures}

Combined with Small Estate Affidavit

Estate with:

• Primary residence: $650,000 (AB 2016 applies)
• Other assets: $100,000 (small estate affidavit)
• Result: No full probate needed

When Full Probate Still Required

• Primary residence over $750,000
• Non-spouse/DP heir
• Contested transfer
• Complex title issues
• Other assets exceed small estate threshold

Attorney Fee Implications {#attorney-fee-implications}

AB 2016 Petition

• Not statutory fee (not full probate)
• Flat fee or hourly billing
• Typically $2,500-$5,000

Comparison

• AB 2016: $3,500 flat fee (example)
• Full probate: $13,000+ statutory fee (on $500K estate)

For attorneys: lower fee per case, but faster turnaround and more volume potential. You can handle more AB 2016 cases in the time it takes to complete one full probate.

Practice Considerations {#practice-considerations}

Client Counseling

Questions to ask:

• When did decedent die? (April 1, 2025+ required)
• Was decedent married/domestic partnership?
• Is survivor still living in home?
• What's the home's approximate value?
• Are there other significant assets?

Case Selection

AB 2016 is great for:

• Surviving spouse in family home
• Home value clearly under $750K
• Simple estate otherwise

Full probate still needed for:

• Non-spouse heirs
• Expensive homes
• Complex estates

Marketing Opportunity

Many families don't know about AB 2016. Position yourself as expert in simplified procedures. This is especially valuable in markets where home values hover around the threshold.

Practical Example

Scenario:

• Husband dies April 15, 2025
• Owned home with wife (community property)
• Home value: $680,000
• Other assets: $75,000 (bank accounts, car)

Before AB 2016:

• Total estate: $755,000
• Full probate required
• 12+ months
• Statutory fees: ~$18,000

After AB 2016:

• Home: AB 2016 petition ($680K)
• Other assets: Small estate affidavit ($75K)
• No full probate
• 60 days
• Attorney fees: ~$4,000

Savings: ~$14,000 and 10+ months

Implementation Tips

Update Your Intake

Add questions:

• Date of death (before/after April 1, 2025)
• Primary residence value
• Survivor relationship

Learn the Forms

• New/modified Judicial Council forms expected
• Check California Courts website for updates
• ProbateYoda will include AB 2016 forms

Use Software

ProbateYoda automatically:

• Screens for AB 2016 eligibility
• Recommends appropriate procedure
• Generates correct forms

AB 2016 represents a significant expansion of simplified transfer procedures in California. Attorneys who understand these rules will be able to serve more families, more efficiently.