[CA] Can I use a small estate affidavit for a $300,000 home if my father died without a will?

CA Estate Probate

Lawyer, Esquire

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Ok, since passage of that new law, AB 2016, a primary residence valued at $750,000 or less may be excluded from the formal probate value limit. (CA Prob Code § 890)

Other assets—like bank accounts, investments, or personal property—don’t get a free pass under this new limit. For those, the existing “small estate affidavit” process remains in place, with a threshold of $208,850 for 2026. So as long as the remaining estate is worth less than that limit, you can use the small estate affidavit process for the entire estate. (CA Prob Code § 13050)

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Since the limit for having to file formal probate was raised to $750,000 in April 2025, and my dad died in January 2026 without a will, can I use a small estate affidavit for his $300,000 house?

Lexi, Chatbot

I'm sorry to hear about your father's passing; that must be a difficult time for you. Did your father have any other assets or debts that might affect the estate?

He owed $38,000 on his mortgage, and there's a lien on the house by the solar company for the 25-year PPA loan my dad was duped into signing in October 2024.

Lexi, Chatbot

Have you already started the process of gathering documents related to your father's estate?

Yes.

Lawyer, Esquire

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply, as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing. This is in CA, correct?

Yes, in CA.

Lawyer, Esquire

Ok, since passage of that new law, AB 2016, a primary residence valued at $750,000 or less may be excluded from the formal probate value limit. (CA Prob Code § 890)

Perfect! Thanks so much!

Lawyer, Esquire

You are very welcome. Did you have any other questions about this situation I can help with?

I hope I was able to answer any questions you had about the situation. If not, just reply back and we can continue further. It was my pleasure to work with you and help with your question. Have a great afternoon and be safe!

Lawyer, Esquire

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