Quick answer: personal property under $208,850 — the affidavit. Primary residence under $750,000 — the DE-310 petition, independent of the personal property total. Other real property under $69,625 — the §13200 affidavit. Anything larger needs full probate. Check your own numbers with the California small estate checker.
Two thresholds, checked separately
Cross the house threshold, and everything goes to full probate
If the residence's value exceeds $750,000, formal probate becomes necessary for the property — even when other assets in the estate are minimal. There's no partial workaround once that single threshold is crossed.
A narrower fix for a specific trust mistake
If a decedent intended an asset to be part of their trust but never formally retitled it into the trust's name, a Probate Code §850 petition (a "Heggstad" petition) lets a court confirm the asset as trust property — curing the title defect and avoiding a full probate estate for that one asset.
What skips probate before any threshold matters
Assets held in joint tenancy, in a properly funded trust, or with a payable-on-death, transfer-on-death, or named beneficiary designation all pass outside probate entirely, and don't count toward the $208,850, $750,000, or $69,625 limits at all.
The decision, in order
- Is the asset in joint tenancy, a funded trust, or has a named beneficiary? → Skips probate entirely.
- Is there a primary residence at or under $750,000? → DE-310 petition, independent of other assets.
- Is other real property at or under $69,625? → §13200 affidavit.
- Is personal property at or under $208,850? → Standard affidavit.
- None of the above fits → Full probate, likely with IAEA authority requested.
A local probate attorney can review your estate — many offer a free consultation.
Whichever path applies, the filing happens in the Superior Court of the county where the decedent resided — Los Angeles, Riverside, and Orange County among the busiest.