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Understanding Your Options After a Loved One Passes
When a homeowner passes away in California, heirs are often told they must go through probate. However,
Assembly Bill 2016 (AB 2016) has introduced a streamlined alternative for qualifying primary residences—
saving families time, money, and stress.
Knowing the difference between AB 2016 succession and full probate is critical before making decisions
about selling or transferring inherited property.
What Is Full Probate?
Full probate is a formal court-supervised process used to transfer ownership of a decedent’s assets.
Key Characteristics of Full Probate:
- Court filings and hearings
- Mandatory attorney involvement in most cases
- Probate referee appraisal
- Notice periods and creditor claims
- Court confirmation of sale (in some cases)
- Timelines often ranging from 9 months to 2+ years
Full probate can be costly, time-consuming, and emotionally draining for families.
What Is AB 2016 Succession?
AB 2016 allows qualifying estates to use a Petition to Determine Succession to Real Property instead of
full probate.
Key Characteristics of AB 2016:
- Applies to primary residences valued at $750,000 or less
- Death must occur on or after April 1, 2025
- Simplified court petition
1No lengthy probate administration
Typically completed in weeks instead of months or years
Side-by-Side Comparison
Feature
AB 2016
Full Probate
Court involvement
Limited
Extensive
Timeline
Weeks
Months to years
Legal costs
Lower
Higher
Complexity
Simplified
Complex
Heir cooperation
Required
Required
Property value cap
$750,000
No cap
Which Option Applies to You?
AB 2016 may be an option only if all requirements are met. If the property or estate exceeds the limits, or
if there are disputes among heirs, full probate may still be required.
Determining the correct path early helps prevent escrow delays, title issues, and unnecessary expenses.
Important Disclaimer
This article is for educational purposes only and is not legal advice. Probate outcomes depend on
individual circumstances. Always consult a qualified California probate attorney to determine the
appropriate legal process.
About the Author
Joanne Brown is a California Broker, Probate & Trust Specialist, and Commissioner
With over 22 years of experience.
Educational content only. Not legal advice.