New Probate exemption for houses worth less than $750,000.00 using the California Small Estate affidavit.

The California Small Estate Affidavit Limit Increases to $750,000 on April 1, 2025

San Francisco has made significant changes to its probate laws, increasing the small estate affidavit limit to $750,000 on April 1, 2025. This adjustment allows more estates to bypass full probate proceedings, potentially saving time and money for beneficiaries.

What is a Small Estate Affidavit?

A small estate affidavit is a legal document that simplifies the process of transferring assets after someone passes away. It allows beneficiaries to claim property without going through a full probate proceeding. This affidavit can be used when the total value of the deceased person’s estate falls below a specific threshold set by state law.

Benefits of Using a Small Estate Affidavit

The small estate affidavit process offers several advantages, including:

• Faster asset distribution
•  Lower costs compared to traditional probate procedures
• avoiding complex estate planning for Real Estate.

How Does the New Small Estate Exemption Work?

The California small estate exemption allows certain estates to bypass formal probate by using a simplified affidavit process. The new threshold will increase to $200,000 on April 1, 2025.

What Counts Toward the Limit?

Only assets subject to probate count toward the $200,000 limit. Assets that bypass probate—such as those held in a living trust, jointly owned property, or accounts with designated beneficiaries—are excluded from this limit.

Example of How to Use a Small Estate Affidavit:

If a decedent’s estate consists of a $150,000 savings account and a $45,000.00 vehicle, beneficiaries can use the small estate affidavit process to claim these assets, avoiding probate altogether.

Our San Francisco probate lawyers are among those who can provide expert guidance and representation on all aspects of estate planning, including small estate affidavits. If you or a loved one is considering an estate planning attorney in San Francisco, contact us today to schedule a consultation.

What is the New Primary Residence Exemption?

Under AB 2016 there is a new exemption for a decedent’s primary residence valued at less than $750,000.00. The California small estate exemption allows families to avoid probate for their primary home, even if the total value of the estate exceeds $200,000.00.

Benefits of Using the New Primary Residence Exemption

• Avoids lengthy probate proceedings
•  Preserves wealth for heirs

Our San Francisco probate lawyers are experts in helping families navigate complex estate planning issues. If you need help with a small estate affidavit or any other aspect of estate planning, contact us today.

Limitations of the New Exemptions

While the changes under AB 2016 are beneficial, there are some limitations to be aware of. Only the primary residence qualifies, and exclusion of non-probate assets can also occur.

Conclusion

The new probate exemptions introduced by AB 2016 provides California residents with greater flexibility and options for managing their estates. With the increase in the small estate exemption to 200,000 and the introduction of a and the introduction of a $750,000.00 exemption for primary residences, many families can now avoid the lengthy and costly probate process.

Contact Us for Estate Planning Help

Our San Francisco probate lawyers are here to help you every step of the way. With years of experience in estate planning, we can provide expert guidance on all aspects of estate planning, including small estate affidavits. Contact us today to schedule a consultation and take advantage of our expertise.