What Every San Francisco Resident Should Know About Probate Law in 2025
If you live in San Francisco and own property, have bank accounts, or care about how your assets will be distributed after your passing, understanding California probate law in 2025 is essential. Probate can be a lengthy and costly process—but with the right planning, it can often be avoided or streamlined.
In this post, we’ll break down what probate is, how it works in California, recent legal changes for 2025, and practical steps San Francisco residents can take to protect their estates and loved ones.
What Is Probate in California?
Probate is the court-supervised process of validating a will (if one exists), settling debts, and distributing assets to heirs. In California, probate is required when:
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The deceased owned assets worth more than $184,500 (excluding certain types of property)
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Assets were solely in the deceased’s name (not jointly owned or held in a trust)
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There is real property in California not covered by a trust or transfer-on-death deed
In San Francisco County, probate cases are handled in the San Francisco Superior Court, Probate Division. Probate can take 9–18 months, and attorney and executor fees are set by statute.
What’s New in 2025 for California Probate Law
As of January 1, 2025, there are notable updates that may affect San Francisco residents:
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AB 2016 – Increased Small Estate Limit
The small estate threshold has increased, making it easier for families to transfer certain assets without formal probate. This means more estates may qualify for simplified procedures. -
Streamlined Real Property Transfers
California now offers more flexibility in using affidavits for real property under the updated limit, reducing the need for lengthy court proceedings in some cases. -
Digital Asset Access Rules
Executors and trustees now have clearer authority to access and manage the deceased’s digital assets, such as online accounts and cryptocurrency wallets, under the Revised Uniform Fiduciary Access to Digital Assets Act.
Why Probate Can Be Expensive in San Francisco
San Francisco’s high property values can quickly push estates over the probate threshold. For example, even a modest single-family home in the city can be worth well over $1 million, triggering probate unless proper planning is in place.
In California, statutory probate fees are based on the gross value of the estate—not the equity. That means a $1.2 million home with a $1 million mortgage is still valued at $1.2 million for probate fee purposes.
How to Avoid Probate in California
Many San Francisco residents choose estate planning tools to bypass probate, saving time, money, and stress for their loved ones. Common strategies include:
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Revocable Living Trust – Transfers ownership of your assets to a trust during your lifetime, avoiding probate for those assets.
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Joint Tenancy with Right of Survivorship – Allows property to pass directly to the co-owner without probate.
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Transfer-on-Death (TOD) Deeds – Available for real estate, these deeds pass property directly to named beneficiaries upon death.
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Beneficiary Designations – On bank accounts, retirement accounts, and life insurance policies.
Probate Alternatives for Smaller Estates
If the total estate value is under the California small estate limit, heirs may be able to use an Affidavit for Collection of Personal Property or an Affidavit re Real Property of Small Value—avoiding a full probate proceeding.
Key Takeaways for San Francisco Residents
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Know your estate’s value – Even modest assets in San Francisco can exceed probate thresholds.
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Plan ahead – A trust or other planning tools can save your heirs significant time and money.
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Stay informed – California probate laws change, and 2025 brings updates that could benefit your planning.
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Consult a local probate attorney – San Francisco probate rules and timelines have unique considerations.