818-600-7031
Your parent has passed away, and now you are trying to sort through everything they left behind. Among the paperwork, accounts, and personal belongings, one question may feel especially urgent: what happens to the house?
Maybe your parent had a will. Maybe you are not sure whether there was a trust. Or perhaps you simply know the home is still titled in your parent's name and someone has told you that means the family has to go through probate.
Does a house have to go through probate in California when a parent dies?
Not necessarily.
Whether a home requires full probate depends on how the property was owned, whether it was held in a trust, whether another transfer method applies, and, in some cases, the home's value.
For families in Los Angeles County, Ventura County, and throughout California, sorting out those details early can help clarify what kind of estate administration is actually required.
A House Does Not Automatically Go Through Probate Just Because Someone Dies
Probate is the court-supervised process used to settle certain property and financial matters after death. But not every asset a person owned necessarily becomes part of a probate proceeding.
A home may pass outside full probate if, for example, it was properly held in a living trust or the ownership arrangement allows another person to receive the property at death.
That is why one of the first things to check is the property's current title.
The deed may show that the home was owned by your parent individually, held in a trust, or owned with someone else in a form that includes survivorship rights. A valid transfer-on-death deed can also provide a way for the property to pass to the named beneficiary without going through full probate.
Those details can change the legal path considerably.
What if Your Parent Had a Living Trust?
If the home was properly transferred into a living trust before your parent's death, it generally does not need to pass through probate simply to transfer under the trust.
Instead, the successor trustee typically handles the property as part of the trust administration process, following the trust's terms and California law.
The key word, however, is properly.
Signing a living trust does not necessarily mean the house was transferred into it. A home is commonly funded into a trust by recording a deed that transfers title from the owner's individual name to the trustee of the trust.
If your parent created a trust but the deed still lists them individually, the situation needs a closer look. That does not automatically mean full probate is required, but the family should not assume the house will pass under the trust simply because a trust document exists. The deed, trust documents, and other circumstances surrounding the property should be reviewed together.
Does a Will Keep a California House Out of Probate?
A will and a living trust do different things.
A will can state who should receive property after death, but having a will does not, by itself, remove property from the probate process.
If your parent owned the home individually and the will leaves that home to you or another family member, the will identifies who is intended to receive it. The property may still need to be transferred through probate or another process available under California law.
That distinction catches many families by surprise.
A will can provide important instructions about who should receive property. But it does not, by itself, create the kind of ownership or transfer arrangement that keeps a home outside probate.
What Is California's $750,000 Rule for a Primary Residence?
California provides a simplified court procedure for certain homes that might otherwise require formal probate.
For someone who dies between April 1, 2025, and March 31, 2028, a successor may ask the court to transfer qualifying real property that was the deceased person's primary residence in California if its gross value does not exceed $750,000.
Under California Probate Code section 13151, at least 40 days must have passed after the death before the petition can be filed. Other requirements also apply. If no California estate administration is pending or has been conducted, the procedure may be available if the remaining requirements are satisfied. If a probate administration has already been opened, the personal representative must consent in writing to use this procedure.
When those requirements are met, this process can allow the home to be transferred without going through a traditional full probate administration.
Importantly, the $750,000 figure is not the only part of the analysis. The property must qualify as the decedent's California primary residence, and the circumstances of the estate must satisfy the other requirements of the procedure.
The $750,000 Limit Is Based on Gross Value, Not Home Equity
This is an important detail for California homeowners.
The statute looks to the gross value of the qualifying real property. Families should not assume they can subtract a mortgage or other debt from the home's value to bring it below the threshold.
Under California Probate Code section 13152, the petition must include an inventory and appraisal of the property, and the appraisal must be completed by a California probate referee, a state-appointed appraiser who values property for probate purposes.
That distinction can matter considerably in Los Angeles and Ventura Counties, where even a home with substantial mortgage debt may have a gross value above $750,000.
If the home exceeds the applicable limit, this particular simplified procedure will not become available simply because the owner's equity is below $750,000.
Does the $750,000 Rule Apply to Every California Property?
No.
The increased $750,000 procedure is specifically tied to real property that was the decedent's primary residence in California.
It is not a blanket $750,000 probate exemption for every piece of real estate someone owned.
For example, a separate rental property, investment property, or vacation home generally would not qualify simply because the decedent owned it.
California law also recognizes that a person's primary residence is not necessarily limited to where they were living when they died. That can matter if, for example, your parent had moved to assisted living, a nursing facility, or a family member's home because they needed care.
Whether a particular property still qualifies as the decedent's primary residence depends on the circumstances.
What Should You Check Before Assuming Probate Is Required?
Before selling, transferring, or making decisions about the house, gather the documents that show how the property was owned and how your parent's estate plan addresses it.
Begin with the most recent recorded deed. Then look for any living trust, amendments, will, transfer-on-death deed, and other estate planning documents your parent left behind.
You will also want to determine whether anyone else held an ownership interest in the property and whether a probate case has already been opened for the estate.
At Chaney Counsel, we review these documents together because the deed, estate plan, ownership history, and status of the estate can point to different ways of handling the property.
Those pieces can help answer three different questions:
- First: Who legally owned the house when your parent died?
- Second: Was there already a valid way for the property to transfer outside probate?
- Third: If not, is a simplified California procedure available instead of full probate?
It is worth answering those questions before assuming the family faces a full court administration.
Finding the Right Path for Your Parent's California Home
Losing a parent comes with enough difficult decisions. Figuring out what happens to their home should not have to begin with guesswork.
Once you understand how the home was owned and what the estate planning documents provide, the next step is determining which process applies and what needs to happen next.
At Chaney Counsel, Attorney Lindsey Chaney and our team help families throughout Los Angeles County, Ventura County, and California understand what comes next after a loved one dies. Our Planning With Heart approach starts with listening, reviewing the circumstances carefully, and helping families understand which probate or estate administration process fits their situation.
If your parent died owning a California home and you are unsure whether probate is necessary, our team can help you review the circumstances and understand the next steps.
To get started, use our contact form to schedule a free consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every estate involves different facts and circumstances. If you need legal advice about your situation, please contact a qualified attorney.