The probate threshold for 2026 often comes up quickly when a family member passes away. They are concerned about what to do next, specifically whether they can access accounts or real estate without probate court. In California, whether an estate requires probate – you can see more at selfhelp.courts.ca.gov/probate, depends on the amount of probate assets, not what the individual was worth at the time of death.
The California Probate Threshold in 2026
An estate in California will generally need to be admitted to probate if the value of the probate assets exceeds $208,850 in 2026. If the probate assets in the estate are less than the amount, then a smaller estate process can usually be used. However, what counts as a probate asset is important.
Probate assets are assets that do not pass outside of probate by title, beneficiary or operation of law. This means that assets such as a living trust or payable on death designations and joint ownership may not count toward the probate value threshold.
It is always a good idea to check with a probate attorney Bay Area about the current threshold and probate requirements. Estate laws and the dollar limits on probate are constantly changing, so it is best to confirm with legal counsel if the deceased owned a California property.
What Counts Toward the Probate Value Threshold in 2026?
When determining if an estate is greater than $208,850 in 2026, you will generally only count assets that were held solely in the decedent’s name and did not otherwise have a mechanism for transferring outside of probate.
The value of these assets, which typically include the following:
- Bank accounts without a designated beneficiary
- Investment accounts without a beneficiary designation
- Vehicles titled in just the deceased name
- Real estate held solely in the deceased name
- Any checks, refunds or payments made to the estate
All of these assets may be counted toward the probate value threshold. Again, it all depends on the title on the accounts and what beneficiary or mechanism has been designated for the property to pass.
Which Assets May Not Count Toward the Probate Value Threshold in 2026?
Valuable assets like real estate, investment accounts and cash held in a living trust do not count if they were structured to pass outside of probate.
Other assets that do not count toward the probate value threshold usually include joint tenancy property and assets with a named beneficiary, for example:
- Assets held in a living trust
- Joint tenancy property
- Community property with right of survivorship
- Retirement accounts with a named beneficiary
- Life insurance policies with a named beneficiary
- Bank and brokerage accounts with beneficiary or transfer on death designations
Knowing what counts and what doesn’t count toward the probate value limit may save you or your family a lot of time and money. If, for example, the deceased’s house was worth more than the probate threshold but it was titled to bypass probate, you will not need to go to court to distribute it. However, if the estate was worth less than the probate threshold but the decedent’s assets were just in their name, you still have to go to probate court because probate was the only mechanism for transferring the assets to the heirs.
Why Real Estate Often Puts California Estates Above the 2026 Probate Threshold
Real estate is typically one of the factors that push estates over the probate threshold in California, especially in the Bay Area. If the deceased owned even one property and it wasn’t in a living trust or set up to pass automatically to another owner, it could be enough to push the estate over the 2026 threshold.
If you’re considering filing a small estate affidavit for the estate, you should be sure that you look at what the property is titled as and what the value is on the property. While the value may be an issue, how the property is titled may be just as important in determining whether you can file or not.
When Can an Estate Use the Small Estate Procedure?
If, in 2026, your decedent’s probate assets are worth $208,850 or less, you may be eligible for a smaller estate procedure (you can read more here). Smaller estates are usually quicker and more affordable to probate than standard estates. To file this way, you still need to submit the right documents on time.
A smaller estate may make more sense for an estate consisting of bank accounts, vehicles or other personal property but can be more complicated or more limited for probating real estate.
Before You File in 2026
In 2026, estates with more than $208,850 in California probate assets must go to probate unless there is another way for the assets to be transferred. For estates valued under the threshold, a simplified estate process may apply.
To help determine the best strategy, you may first want to make a list of all the assets and how much each is worth, along with whether or not each one has an established transfer mechanism outside of probate. That can help determine which probate strategy is best to get the estate distributed with the fewest headaches and delays.
