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AB 2016: A New Change to California Probate Law That Families Need to Know

On April 1, 2025, California implemented a new law that hasn’t made many headlines but could have a meaningful impact on families throughout the state—especially those navigating the estate process after the loss of a loved one.

Assembly Bill 2016 (AB 2016) raises the threshold for avoiding probate when a homeowner passes away, allowing families to use a simplified affidavit process if the decedent’s primary residence is valued at $750,000 or less.

If you or someone you care about owns property in California, this is something to know about now, not later.

What’s Changed Under AB 2016

Until recently, if a loved one passed away without a living trust and their real estate was worth more than $184,500, the only option was full probate. That meant months of paperwork, court dates, legal fees, and a lot of stress at a time when families are already grieving.

AB 2016 raises the threshold to $750,000 for a primary residence, giving many families a faster, more affordable way to transfer property to heirs.

This change doesn’t eliminate the need for estate planning, and it won’t apply to every home—particularly in higher-priced areas where single-family homes are typically valued above the threshold. But for many families who own condos, townhomes, or homes in more rural parts of California, this law could reduce both delays and legal costs.

The Right Way to Use This Law

As a real estate broker who works almost exclusively with seniors and their families, I see how difficult the probate process can be. When used properly, AB 2016 will save time, money, and emotional energy for the families who qualify.

But I also know that not everyone in this industry plays fair.

There are already whispers of some buyers and so-called “consultants” encouraging heirs to undervalue a property just to qualify under the $750,000 limit. That’s not just unethical—it could expose families to serious legal risk. This law was created to protect Californians, not to be manipulated.

I’ve written previously about how certain “fast cash” buyers target seniors during vulnerable times, often with hidden fees and misleading offers. If you’re unfamiliar with those tactics, I encourage you to read this as it will certainly apply here as well: 👉 Seniors Targeted: The Hidden Costs of Selling Your Home to a Fast-Cash Buyer

Looking Ahead

AB 2016 is a step in the right direction. It modernizes outdated rules and helps families settle estates more efficiently. While it’s not a replacement for a living trust, it will be a valuable tool for those who qualify.

If you’re helping an aging parent plan for the future—or if you’re navigating a recent loss—it’s worth reviewing how this law could affect your family. You don’t need to have all the answers. But you do need the right team around you.

If you’d like to talk about what this means for you or your clients, I’m here.

Let’s use this bill for the purpose it was designed—to help families, not exploit them.

Share this article to those who may be going through a probate situation or just would like to know the value of a home. For more information, contact W. David Osborne, a senior-certified real estate broker with over 7,000 homes sold. He leads Time4Change Real Estate, a senior-focused brokerage in Southern California.

📞 W. David Osborne (DRE 01346546) | 714-910-9820 | Time4Change Real Estate