top of page

When is probate needed in California?

  • Writer: Alli Urguby
    Alli Urguby
  • Aug 8, 2022
  • 1 min read

Updated: Sep 28, 2022




This blog post will give a brief summary explaining what probate is and when it is needed in California. In its simplest terms, the probate process is a court-supervised administration of a decedent’s estate. The probate proceeding involves validating a will, if there is one, appointing an executor, determining the decedent’s assets that are subject to probate, paying outstanding debts, and disbursing funds to the beneficiaries.

In California the threshold amount is $184,500, which means if you die and your estate’s gross value exceeds that value, then probate is necessary. The exception to this is home is titled under a joint tenancy or community property, which would only be necessary upon the death of the surviving joint tenant or spouse.

If a probate property is a Trust Sale or the Executor/Administrator of the estate has been awarded "full independent powers" under the Independent Administration of Estates Act (IAEA), the sale may not require court approval.

If the Executor has full independent powers, he or she may choose to sell the property. When an offer is accepted, the estate's counsel sends a Notice of Proposed Action to all heirs outlining the details of the proposed sale. After that, the heirs have 15 days to protest the transaction. If no objections are filed within 15 days, the sale is finalized without a court hearing. Regardless of the specifics of the probate transaction, executors are highly advised to consult with an experienced probate attorney in order to safeguard the estate's best interests.


Comments


Featured Posts
Recent Posts
Archive
Search By Tags
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square
image (2).png

Address

8889 Rio San Diego Dr #200 

San Diego, CA 92108

Compass Horizontal White (1).png
image (3).png

Phone Number

image (4).png

Email

Alli is a San Diego native with a passion for San Diego's diverse neighborhoods and a love for the deal! She aims to delight and surprise her clients, deliver exceptional service, and exceed their expectations at every step of the transaction. Alli's goal is to make the real estate process memorable and one that her clients want others to experience. 

©2025 SoNo Homes

CA DRE# 01958647

brokered by Compass

CA DRE# 01527365

All Rights Reserved

bottom of page