New California Probate Law (AB 2016) Takes Effect April 1, 2025
California Probate Law Update: AB 2016 Changes Effective April 1, 2025
What is AB 2016?
Assembly Bill 2016 (AB 2016) introduces a streamlined probate process for estates valued at $750,000 or less, specifically for a decedent’s primary residence. This change is designed to simplify property transfers, reducing costs and court involvement.
Additionally, AB 2016 updates small estate thresholds, making it easier to transfer assets without full probate.
Does AB 2016 Apply to My Case?
To qualify for the streamlined probate process under AB 2016, both of the following conditions must be met:
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The decedent passed away on or after April 1, 2025.
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The estate consists primarily of a residence valued at $750,000 or less.
If a decedent died before April 1, 2025, even if a probate petition is filed on or after that date, the estate must go through traditional probate and follow standard statutory fee schedules.
Example:
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Decedent dies on March 31, 2025 → Full probate required.
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Decedent dies on April 1, 2025 → May qualify for AB 2016 streamlined process.
How Does AB 2016 Affect Small Estates?
AB 2016 expands small estate procedures by:
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Excluding the primary residence (valued up to $750,000) from the small estate calculation.
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Even if the total estate value exceeds the standard small estate limit, it may still qualify for simplified procedures if the primary residence meets the value requirement.
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Increasing the small estate limit for personal property transfers to $184,500.
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This allows more estates to use the streamlined affidavit procedure to transfer assets without probate.
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These changes help families avoid unnecessary legal expenses and delays when dealing with a deceased loved one's estate.
How Does This Affect Probate Costs?
Traditional Probate Fees (Estates Not Eligible for AB 2016):
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Based on estate value (Probate Code §10810):
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4% of the first $100,000 → $4,000
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3% of the next $100,000 → $3,000
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2% of the next $800,000 → $16,000
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Example: A $750,000 estate would incur attorney fees of $18,000 plus court costs.
AB 2016 Streamlined Probate Fees:
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Estimated Flat Fee Range: $7,500 – $12,500 (depending on case complexity) + court costs
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Reduced court involvement and lower overall costs
What Should I Do Next?
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If your loved one passed away before April 1, 2025, traditional probate rules apply, and we can guide you through the process.
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If your loved one passed away on or after April 1, 2025, we can evaluate whether the estate qualifies for the streamlined process under AB 2016, potentially saving time and money.