Does California’s $750,000 Primary Residence Petition Work in Silicon Valley?

In April 2025 California made a change that got a lot of attention from estate planning attorneys and very little from the families it was meant to help. A new version of Probate Code section 13151 now lets heirs transfer a parent’s primary residence worth up to $750,000 through a much simpler court petition, instead of full probate. That’s a real improvement in most of California. The question I get from Silicon Valley families is whether it helps here, where the typical single-family home is worth two or three times that. The short answer is sometimes, and this article explains when. It’s part of my complete guide to selling a house in probate in Santa Clara County.

What Changed in 2025

Before AB 2016 took effect, the simplified petition to determine succession was limited to estates of about $184,500, which in the Bay Area meant almost nothing involving real estate. The new law created a separate category for a decedent’s primary residence, with its own ceiling of $750,000. The Judicial Council adjusts these figures for inflation every three years, and the current amounts took effect April 1, 2025.

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How the $750,000 Petition Works

The heirs, usually through an attorney, file a Petition to Determine Succession to Real Property (form DE-310) at least 40 days after the death. The house has to be appraised by the probate referee, and the petition includes that appraisal. There’s still a court hearing, but no executor is appointed, there’s no four-month creditor period tied to Letters, and there are no statutory executor and attorney fees based on the value of the estate. Once the judge signs the order, it’s recorded, and the heirs own the house directly. From there, they can sell it like any other owner, with no Notice of Proposed Action and no court confirmation hearing.

In my experience, the whole process from filing to a recorded order often takes about two to four months in Santa Clara County, compared to the 9 to 18 months of a full probate. Your attorney can tell you what the current court calendar looks like.

Which Silicon Valley Homes Actually Qualify

This is where local market knowledge matters. The value that counts is the fair market value of the residence as appraised, so the question is simply what the home was worth when your parent died. In Santa Clara County, here is roughly where I see homes land:

• Condos. Many one- and two-bedroom condos in San Jose, Milpitas, and parts of Santa Clara and Sunnyvale are in range, especially older complexes. This is the most common situation where the petition works here.
• Older townhomes. Some older townhomes in East San Jose and South San Jose fall under the limit, though many do not.
• Single-family homes. Very few single-family homes in Santa Clara County are worth less than $750,000. The exceptions tend to be homes with serious condition problems, very small lots, or unusual situations.
• Mobile and manufactured homes. These are often titled as personal property through the state’s housing department rather than as real estate, so they usually transfer through a different process. Ask your attorney.

If your parent’s home is anywhere near the line, get a realistic value early. A condo that appraises at $760,000 doesn’t qualify, and the difference between the simplified route and full probate is many months and potentially tens of thousands of dollars.

Pricing Near the Line

Families sometimes ask me whether they should hope for a lower appraisal to get under the limit. I understand the instinct, but it’s the wrong frame. The referee values the property at its fair market value on the date of death, and that value also becomes the heirs’ stepped-up cost basis for capital gains. An artificially low value would also mean a lower basis and more taxable gain when the heirs sell. What does make sense is providing the referee with accurate comparable sales and documentation of any condition problems, such as a failing roof or HOA special assessment, so the value reflects reality.

If the House Doesn’t Qualify

For most Silicon Valley families the house will be over the limit, and that means one of the other routes applies. If the house was in a living trust, the successor trustee sells it without court involvement. If it was held in joint tenancy or as community property with right of survivorship, the surviving owner can usually clear title with an affidavit. If none of those apply, it goes through formal probate. My first 90 days after inheriting a home article helps sort out which situation you’re in, and my guide to selling a house in probate in Santa Clara County covers the full probate route.

A Note for Parents

If you’re an older homeowner reading this for your own planning, the $750,000 petition isn’t a substitute for a living trust in Silicon Valley, because your home is almost certainly worth more than that. A properly funded trust, or in some cases a revocable transfer on death deed, is still the best way to spare your family the time and cost of probate. My estate planning primer for Bay Area homeowners covers the options, and it’s worth a conversation with an estate attorney.

Sources and Further Reading

• California Courts Self-Help Guide: Property After Someone Dies
• California Probate Code § 13151 (small estate procedure for real property)
• IRS Publication 559, Survivors, Executors, and Administrators

Dollar limits, tax figures, and court procedures change. Everything here was current as of the review date at the top of this article. I’m a real estate broker, not an attorney or CPA, so please confirm your own situation with one before you act.

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