California's $750,000 Home Petition (AB 2016): Do You Still Need a Living Trust?

Quick answer: does AB 2016 mean you no longer need a living trust?

Usually not by itself. AB 2016 (Stats. 2024) lets heirs or beneficiaries ask a California probate court to transfer a decedent's main home through a simplified petition when the home's gross value is $750,000 or less, for deaths on or after April 1, 2025. That is helpful, but it is still a court petition. It covers only the primary residence, and it does nothing if you become unable to manage your affairs while alive.

A properly funded revocable living trust works differently. Assets titled in the trust can often be handled by your successor trustee without a court case for those assets, and the trustee may step in if you become incapacitated. A funded trust may help avoid probate for the assets in it. Whether a trust fits your family depends on your facts.

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What did AB 2016 change for California homes?

According to the California Courts Self-Help Guide, Assembly Bill 2016 made two changes to the real property petition under Probate Code §§13150 to 13157:

1. It raised the maximum value of real property for these petitions to $750,000.
2. It limited the procedure to the decedent's main home in California.

Judicial Council form DE-300 lists the "petition and court order determining succession to primary residence" (§§13151, 13152, 13154) at $184,500 for deaths between April 1, 2022 and March 31, 2025, and $750,000 for deaths on or after April 1, 2025.

Under Probate Code §13151, the petition may be filed in the superior court once 40 days have passed since the death. Check the court's self-help pages for current forms and requirements.

Who might qualify for the $750,000 primary residence petition?

At a high level, the procedure is for a successor to a decedent's primary residence in California when the home's gross value, measured as of the date of death, does not exceed the applicable limit. Eligibility turns on details such as:

• The date of death (which limit applies).
• Whether the property was truly the decedent's main home.
• How the home was titled and who the successors are under the will or intestacy rules.
• Whether a full probate is already pending.

"Gross value" generally means value without subtracting the mortgage. In many California neighborhoods, a home's value can exceed $750,000, which would put it outside this procedure. Only a careful review of the facts can tell you whether a particular home qualifies.

Is the AB 2016 home petition still a court process?

Yes. The petition is filed with the superior court (probate department). The court generally sets a hearing, notice requirements apply, and the court issues an order if the petition is granted. Filing fees and an appraisal by a probate referee are typically part of the process. Timing varies by county and court calendar, so we do not quote a timeline.

This matters for planning. A simplified court procedure is still a court procedure, with paperwork, public filings, and waiting. It is a fallback for families who did not use other tools, not a plan in itself.

CBM does not offer probate services and does not handle these petitions. If your family needs help with a petition after a death, consider a California probate attorney or the court's self-help resources.

What does the $750,000 petition not cover?

The primary residence petition is narrow. It generally does not address:

• Other assets. Bank accounts, brokerage accounts, vehicles, and other property follow their own rules. Some personal property may be collected by affidavit under §13100 if the estate is under that limit ($208,850 for deaths on or after April 1, 2025, excluding certain property). Larger estates may still need probate.
• A home over the limit. If the home's gross value exceeds $750,000, this procedure is not available.
• Rentals and second homes. After AB 2016 the procedure is limited to the decedent's main home.
• Incapacity. The petition is only available after death. It does not let anyone manage your home or finances while you are alive but unable to act.
• Privacy. Court filings are generally public records.
• Minor or vulnerable beneficiaries. A petition transfers title. It does not create a trust to manage property for a young child or a beneficiary who needs ongoing help.
• Blended families and specific wishes. A petition follows your will or intestacy rules. It does not add instructions about timing, conditions, or who may live in the home.

How do the §13100 small estate affidavit and §890 adjustments fit in?

California has several simplified procedures with different dollar limits. Per DE-300 (deaths on or after April 1, 2025):

According to Judicial Council form DE-300, Probate Code §890 provides for these amounts to be adjusted every three years based on the Consumer Price Index. DE-300 says the values will next be adjusted on April 1, 2028, unless a statute changes them sooner. Always check the figure for the specific date of death.

When does a funded living trust still matter?

Think of a living trust as a safe. Signing the trust builds the safe. Funding (retitling your home and accounts into the trust) puts your valuables inside. An unfunded trust is an empty safe.

A properly funded revocable living trust may help with goals the home petition does not reach:

• Less court involvement for trust assets. A successor trustee can often administer assets titled in the trust without a probate case for those assets. A funded trust may help avoid probate; it is not a guarantee.
• Incapacity planning. A successor trustee may manage trust assets if you cannot.
• Homes over $750,000 and rental or second homes.
• Privacy, since trust administration is generally private unless a dispute reaches court.
• Instructions for beneficiaries, such as holding property for minors or staging distributions.

Pair a trust with a pour-over will, a durable power of attorney, and an advance health care directive. See our guides on living trust vs. will, how to fund a living trust, and powers of attorney and health care directives.

How can CBM help you plan?

CBM Estate & Trust Law focuses on estate planning for California families, including living trusts and trust funding. Carmen B. Marquez has practiced estate planning since 2001, and the firm was founded in 2012. Carmen speaks Spanish. Learn more on our estate planning page.

CBM does not offer probate services.

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Frequently asked questions

Does AB 2016 mean I don't need a living trust?

Not necessarily. AB 2016 created a simpler court petition for a main home worth $750,000 or less, for deaths on or after April 1, 2025. It does not help with incapacity, homes over the limit, other assets, privacy, or instructions for beneficiaries. A funded living trust may help avoid probate for assets titled in it.

Is the $750,000 based on market value?

The limit applies to the home's gross value as of the date of death, which generally means without subtracting a mortgage. A probate referee appraisal is generally part of the process. Ask counsel how value is determined in your situation.

Does the AB 2016 petition cover a rental property?

After AB 2016, the procedure is limited to the decedent's main home in California, according to the Courts Self-Help Guide. Rentals and second homes generally fall outside it.

How long does the petition take?

It depends on the county and the court's calendar. Because it is a court petition with notice and a hearing, it is not instant. We do not quote a timeline.

Does the petition help if I become incapacitated?

No. The petition is only available after death. Incapacity planning uses other tools, such as a funded living trust and a durable power of attorney.

Will the $750,000 limit change?

According to DE-300, Probate Code §890 provides for adjustments every three years. DE-300 says the next adjustment is scheduled for April 1, 2028.

Does CBM file primary residence petitions?

No. CBM does not offer probate services and does not handle these petitions. CBM focuses on planning ahead, including living trusts and trust funding.

How do I decide whether a trust makes sense for my home?

Book a free 60-minute consultation with CBM. We can talk through your home, accounts, family, and incapacity concerns. Online comparisons cannot replace advice about your facts. /contact · (805) 915-4793 · Trusts@cbm.estate

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What sources does this guide rely on?

• Judicial Council of California, Form DE-300, Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration (Rev. April 28, 2025).
• California Courts Self-Help Guide, When formal probate may not be needed.
• California Probate Code §13151 et seq. (primary residence petition).
• California Probate Code §13100 (personal property affidavit).
• California Probate Code §890 (periodic adjustment).
• AB 2016 (2023-2024), Stats. 2024, ch. 331.

How do I book a free 60-minute consultation?

Free 60-minute consultation
/contact · (805) 915-4793 · Trusts@cbm.estate

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Attorney advertising. This guide is general educational information about California law as of the date above. It is not legal advice, does not create an attorney-client relationship, and may not reflect later changes in statutes, forms, or agency guidance. Results depend on your facts; no outcome is guaranteed. CBM Estate & Trust Law (Carmen B. Marquez, P.C.) practices in California only.