How to Transfer Your California Home Without Probate in 5 Steps (Updated for 2025 Laws)

California homeowners in the Inland Empire gained powerful new tools in 2025 to transfer property without the lengthy, expensive probate process. Assembly Bill 2016, which took effect April 1, 2025, raised the threshold for simplified property transfers from $184,500 to a substantial $750,000 for primary residences. This change affects thousands of Inland Empire families, where median home values often fall within this new range.

The traditional probate process typically takes 12-18 months and costs 3-7% of the estate's value in attorney fees and court costs. For a $600,000 Riverside home, probate could cost $18,000-$42,000. These new options provide faster, less expensive alternatives.

Step 1: Determine Your Home's Current Value and Eligibility

The first step requires establishing whether your Inland Empire property qualifies for the new simplified procedures. The $750,000 threshold applies to fair market value at the time of death, not your property tax assessment. This distinction matters significantly in the Inland Empire, where Proposition 13 often keeps assessed values far below actual market values.

For example, a Riverside home purchased in 2010 might show a $350,000 assessed value on tax records but have a current market value of $650,000. The market value determines eligibility, not the assessed value.

To establish current market value, obtain a recent appraisal or comparative market analysis from a licensed real estate agent. Consider factors like recent sales of similar homes in your neighborhood, current market conditions, and property improvements made over time.

Key Eligibility Requirements for the New Simplified Process:

• Primary residence only (where you live most of the time)

• Death occurred on or after April 1, 2025

• Property value under $750,000 at time of death

• At least 40 days have passed since death

• No formal probate proceeding is pending

• All heirs agree to the simplified transfer

Investment properties, vacation homes, and rental properties do not qualify for the simplified process and require traditional probate avoidance planning.

Step 2: Choose Your Probate Avoidance Strategy

Based on your home's value and family circumstances, select the most appropriate method for your situation.

New Simplified Process (For Primary Residences Under $750,000) The streamlined Petition to Determine Succession to Real Property under Probate Code §13151 offers the fastest option for qualifying properties. This process requires minimal court involvement and can typically be completed in 60-90 days rather than the 12-18 months of traditional probate.

Revocable Living Trust (For Any Property Value) Creating a living trust and transferring your home's title to the trust remains the most comprehensive option. This approach works regardless of property value and provides additional benefits like incapacity planning and privacy protection. Living trusts particularly benefit families with multiple beneficiaries or complex family situations.

Transfer-on-Death (TOD) Deed This option allows you to designate beneficiaries who automatically receive the property upon your death. TOD deeds work well for straightforward family situations where one or two beneficiaries will inherit the property.

Joint Tenancy with Right of Survivorship Adding an adult child or spouse as joint owner creates automatic transfer rights. However, this approach carries risks including potential creditor claims and gift tax implications.

For Inland Empire families, living trusts often provide the best combination of flexibility and protection, especially given the region's diverse family structures and varying property values.

Step 3: Prepare and Execute the Necessary Legal Documents

Each strategy requires specific documentation prepared according to California law requirements.

For TOD Deeds: The deed must meet strict requirements including proper notarization, complete beneficiary information with full legal names, and as of 2022, signatures from two witnesses. The deed should clearly identify the property using the legal description from your current deed or title report.

For Living Trusts: Work with an experienced estate planning attorney to draft the trust document and prepare a new deed transferring your home from your individual name to the trust. The deed typically changes ownership from "John Smith, a single man" to "John Smith, Trustee of the John Smith Living Trust dated [date]."

For the New Simplified Process: This strategy requires preparation during your lifetime to ensure your family can use the streamlined process after your death. Maintain clear records showing the property as your primary residence, including voter registration, driver's license, and utility bills in your name at the property address.

Document preparation requires attention to detail. Incorrect or incomplete documents can invalidate your planning or create delays for your family. Consider working with an estate planning attorney familiar with 2025 law changes to ensure proper execution.

Step 4: Record Documents and Complete Required Filings

Proper recording ensures your planning achieves the intended legal effect and provides clear title for your beneficiaries.

TOD Deed Recording Requirements: California law requires TOD deeds to be recorded with the county recorder's office within 60 days of signing. In the Inland Empire, this means filing with the Riverside County Recorder, Riverside County Recorder, or Imperial County Recorder depending on your property location. Recording fees typically range from $15-$50.

Living Trust Property Transfers: The deed transferring property to your trust must be recorded with the appropriate county recorder. This establishes the trust as the legal owner and ensures your family can manage the property if you become incapacitated. Keep the original recorded deed with your trust documents.

Simplified Process Filing: After death, heirs file the streamlined petition with the superior court in the county where the property is located. The process requires less documentation than traditional probate and typically involves a single court hearing rather than multiple proceedings.

Important Recording Considerations:

• Record documents promptly to avoid potential title issues

• Keep copies of all recorded documents in multiple secure locations

• Provide copies to your successor trustee or intended beneficiaries

• Update property insurance to reflect trust ownership if applicable

Step 5: Maintain and Update Your Estate Plan Regularly

Estate planning requires ongoing attention to remain effective as laws change and personal circumstances evolve.

The new $750,000 threshold will be adjusted every three years for inflation, similar to other California estate planning thresholds. A home qualifying today might exceed the limit in future years, requiring different planning strategies. Monitor these changes and adjust your plan accordingly.

Regular Review Schedule: Review your estate plan every three to five years or after significant life events including marriage, divorce, birth or adoption of children, death of beneficiaries, significant changes in property value, or relocation to a different state.

Maintenance Tasks for Different Strategies:

• Living Trusts: Ensure the property remains titled in the trust's name and update beneficiary designations as needed

• TOD Deeds: Verify beneficiary information remains current and consider updated deeds if circumstances change

• Simplified Process Planning: Maintain clear records of primary residence status and monitor property values

Common Maintenance Mistakes: Many Inland Empire homeowners create estate plans but fail to maintain them properly. Common errors include forgetting to transfer refinanced properties back into trusts, failing to update beneficiary designations after family changes, and not adjusting strategies when property values increase beyond planning thresholds.

Working with Professionals: Consider establishing relationships with local professionals familiar with Inland Empire real estate markets and California estate planning law. Regular check-ins with your attorney can identify needed updates before they become problems for your family.

The 2025 law changes provide significant new opportunities for California homeowners to avoid probate efficiently and cost-effectively. However, proper planning and maintenance remain essential to ensure your wishes are carried out and your family benefits from these new options.

For personalized guidance on transferring your Inland Empire property without probate, consider consulting with experienced estate planning professionals who understand both the new 2025 laws and local property market conditions.