What the rule says
California provides a court-supervised summary procedure for transferring real property of a decedent without formal probate. Under California Probate Code § 13150, the procedure is available when the gross value of the decedent's California real property does not exceed $61,500.
The procedure works through a petition filed with the superior court, asking for an order determining succession to the real property. Unlike the personal-property affidavit under § 13100, the real-property procedure requires court involvement, publication of notice, and a court order.
The successor files:
- A petition with the superior court in the county where the property is located - A signed inventory and appraisal of the real property - Notice to other interested parties
After a hearing, the court issues an order determining succession. The order is recorded in the county where the property is located, transferring title to the successor.
How this differs from the personal-property affidavit
The two California summary procedures have important differences:
- Threshold: Personal property affidavit limit is $184,500; real property summary procedure limit is $61,500. The real-property cap is much lower. - Procedure: Personal property affidavit is presented directly to the property holder without court involvement. Real property requires a court petition, hearing, and order. - Timing: Personal property affidavit can be used 40 days after death. Real property procedure typically takes 4-8 weeks for the petition, hearing, and order. - Cost: Personal property affidavit has minimal cost. Real property procedure includes filing fees, possible attorney fees, publication costs, and the cost of inventory and appraisal.
The $61,500 threshold is a gross value — the value of the real property without subtracting mortgages or other liens. A property worth $250,000 with a $200,000 mortgage has a gross value of $250,000 and exceeds the threshold, even though the equity is only $50,000.
Practical use and limitations
The real-property summary procedure is most useful for:
- Vacant land or low-value real property - Mineral interests or other small real-property rights - Properties that have substantially decreased in value - Out-of-state decedents with limited California real property holdings
For most California real property — especially residential homes, which generally exceed the threshold — the summary procedure is not available, and either formal probate or a probate-avoidance mechanism (revocable living trust, transfer-on-death deed, joint tenancy) is needed.
California's transfer-on-death deed for real property under California Probate Code § 5600 et seq. is one alternative that avoids probate entirely without a value limit. A properly executed and recorded transfer-on-death deed transfers real property directly to the named beneficiary at death.
What you can do about it
For a successor of a California decedent with real property:
1. Determine the gross value of the real property. Use a current appraisal or comparable market analysis. 2. If the value is $61,500 or less, the summary procedure under § 13150 may be available. 3. If the value exceeds $61,500, formal probate is required unless the property is in a trust, jointly titled, or covered by a transfer-on-death deed. 4. Confirm no joint tenant exists. Property held in joint tenancy passes outside probate to the surviving joint tenant. 5. Consult a California estate-planning attorney. Real property transfer is more complex than personal-property collection and benefits from professional guidance.
For estate planning, California residents with real property should consider:
- A revocable living trust. Real property held in trust passes per the trust instrument, outside probate. - Transfer-on-death deed. A simple alternative for residential property; the deed must be executed and recorded during life. - Joint tenancy with right of survivorship. Title held jointly with a spouse or other joint tenant passes automatically.
Who this affects most
The real-property summary procedure is most relevant for:
- Successors of California decedents whose real property is below the $61,500 threshold - Estates with vacant land, mineral interests, or small real-property holdings - Estate planners assessing whether trust funding, transfer-on-death deeds, or joint titling is needed to avoid full probate for real property
The procedure exists to handle modest real property without forcing full probate. For most California residential real property, however, the threshold is well below market value, and other probate-avoidance tools are needed for efficient administration.