Inheriting a House in California Without Probate

California's probate rules live in the Probate Code. A full probate administration is a court proceeding, but much real property never needs one: a house held in a living trust or under a recorded revocable transfer on death (TOD) deed passes under that document, and property passing to a surviving spouse needs no administration (§ 13500). For other houses, two shortcuts in Division 8 of the Probate Code — a primary-residence petition and a real-property affidavit — avoid a full administration when the value is low enough.

Property held in joint tenancy, property in which the decedent had only a life interest, property passing to a surviving spouse under § 13500, and property in a trust revocable by the decedent are all excluded when the small-estate procedures measure the size of the estate (§ 13050(a)(1)). So the first step is to read the deed: how the house was titled on the date of death decides which path applies.

When a revocable trust becomes irrevocable because a settlor died, the successor trustee must serve a notification by trustee on each beneficiary and each heir of the deceased settlor (§ 16061.7(a), (b)) no later than 60 days after the death, or 60 days after learning of a person entitled to it whom the trustee did not know about (§ 16061.7(f)). The notification names the trustee and tells the recipient they may request a copy of the trust's terms (§ 16061.7(g)).

A person who receives that notification may not bring an action to contest the trust more than 120 days after it was served (even if it was served late), or 60 days after a copy of the trust terms was delivered to them during that 120-day period, whichever is later (§ 16061.8).

A TOD deed transfers real property to a named beneficiary, operates on the owner's death, and stays revocable until then (§ 5614(a)). It is not effective unless it is signed and dated by the owner, signed by two witnesses who were present at the same time, and acknowledged before a notary (§ 5624), and it must be recorded within 60 days after it was notarized (§ 5626(a)). The statutory form says it may be used only for residential property, not for agricultural land over 40 acres (§ 5642(b)).

At death, the beneficiary takes the owner's interest; two or more beneficiaries take as tenants in common in equal shares (§ 5652(a)(3)). The property passes subject to recorded liens, encumbrances, easements and leases (§ 5652(b)), and without any warranty of title (§ 5652(e)).

The beneficiary then records evidence of the death, such as an affidavit of death (§ 5680(a); § 210), serves a notice on the owner's heirs with a copy of the deed and the death certificate (§ 5681(a)) — the statutory notice tells heirs they have 120 days from the notice to challenge the deed (§ 5681(b)) — and records an affidavit that the notice was served (§ 5682(c)). The beneficiary is also the transferee who files the assessor's change in ownership statement (§ 5680(b)).

The TOD deed statutes are scheduled to be repealed on January 1, 2032 unless the Legislature extends them; the repeal does not affect a deed executed before that date (§ 5600(c)).

When a spouse dies and property passes to the surviving spouse — by will or under the intestacy rules of § 6401 — "no administration is necessary" (§ 13500). A surviving spouse may also file a spousal property petition asking the superior court for an order that administration of all or part of the estate is not necessary because the property passes to the surviving spouse (§ 13650(a)).

A successor may ask the superior court for an order that a decedent's primary residence passes to them without a probate administration when the home's gross value does not exceed the limit for the date of death and at least 40 days have passed since the death (§ 13151(a)). For deaths from April 1, 2025 through March 31, 2028, the limit is $750,000 (§ 13152(f)(3)); for a death from April 1, 2022 through March 31, 2025 it is the adjusted amount in effect on the date of death (§ 13152(f)(2)), which the Judicial Council's official list gives as $184,500. "Primary residence" is not limited to where the decedent lived at the time of death (§ 13150(b)(2)).

The petition must attach an inventory and appraisal by a probate referee (§ 13152(b)) and a copy of the will if the claim is based on one (§ 13152(c)). The petitioner must deliver notice of the petition to each heir and devisee within five business days of filing (§ 13151(b)). The procedure is available only if no estate administration is pending or has been conducted, or the personal representative consents in writing (§ 13150). The court then issues an order describing the property and each petitioner's interest (§ 13154(a)).

No sooner than six months after the death, a successor may file an affidavit with the superior court claiming a particular piece of real property, if the gross value of all the decedent's California real property — excluding the trust, joint-tenancy and spousal property described in § 13050 — does not exceed the statutory amount (§ 13200(a)). That amount was $55,425 for deaths before April 1, 2022; for later deaths it is the adjusted amount in effect on the date of death (§ 13200(h)). The Judicial Council adjusts these dollar figures every three years and publishes the current list (§ 890(a), (c)); its list gives $69,625 for a death on or after April 1, 2025 and $61,500 for a death from April 1, 2022 through March 31, 2025.

The affidavit is signed under penalty of perjury before a notary (§ 13200(a)(10), (b)), states that funeral expenses, last-illness expenses and unsecured debts have been paid (§ 13200(a)(8)), and attaches a probate referee's inventory and appraisal and a certified death certificate (§ 13200(c), (e)). The clerk issues a certified copy, which is recorded with the county recorder (§ 13202). A person who uses the affidavit when someone else has a better right must restore the property or its value, and one who used it fraudulently is liable for three times the property's fair market value (§ 13206(a), (b)).

When real property passes because of a death outside a probate administration — including through a trust — the trustee or the new owner must file a change in ownership statement with the county recorder or assessor within 150 days after the date of death (Revenue and Taxation Code § 480(b)).

Whether the inherited house is reassessed is a separate question, governed by the parent-child and grandparent-grandchild exclusion in Revenue and Taxation Code § 63.2, which carries out Section 2.1 of Article XIII A of the California Constitution (Proposition 19) and is linked below. If none of the paths on this page applies, the house passes through a probate administration in superior court.

This page is general information, not legal advice. Read the enacted text linked below, and talk to a probate lawyer about a specific estate.