Imagine you’ve just lost a parent, and in the midst of your grief, you find out that you’re responsible for settling their estate. As if the emotional burden wasn’t enough, you now have to navigate the complex legal process of probate. But what if there was a simpler way? A new California law, Assembly Bill 2016 (AB 2016), aims to make the process easier for many families starting in 2025. In this post, we’ll break down what’s changing, who it affects, and what you need to do now to prepare.
At Klosek Law Offices, we specialize in guiding families through the complexities of probate, ensuring a smoother, less stressful experience. In this post, we’ll break down what’s changing with AB 2016, who it affects, and what steps you can take now to prepare for these important updates.
Let us help you navigate this legal process with clarity and compassion so you can focus on what matters most during difficult times.
What is California Assembly Bill 2016?
AB 2016, signed into law in 2024, introduces significant amendments to the California Probate Code. The bill modifies sections related to the simplified procedures available for “small estates” that can avoid the full, formal probate process. Key changes include:
- Sections 13100-13101: Increases the value threshold for estates eligible for the simplified affidavit procedure from the current $166,250 to $750,000 as of April 1, 2025.
- Sections 13150-13152: Restricts the simplified petition procedure to real property that was the decedent’s primary residence, and requires notice to all heirs.
- Section 13154: Updates the rules for determining the property passing to the successor under the simplified petition process.
The amendments aim to make it easier for more families to settle estates without the time and expense of full probate, while also adding some new requirements to increase transparency.
How Does AB 2016 Change the Probate Process in California?
Under current law, successors can use simplified procedures to transfer property from a deceased person’s estate if the total value falls below certain thresholds. There are two main methods:
- Affidavit procedure (personal property only)
- Available if estate value is under $166,250
- Requires 40 days to have passed since death
- Successor signs affidavit affirming right to property
- Petition procedure (real and personal property)
- Available if real property value is under $166,250
- Requires court order determining successor’s right
- Can be used for personal property as well
Starting April 1, 2025, AB 2016 will change these procedures in a few key ways:
- The value threshold for both procedures increases to $750,000
- The simplified petition process can only be used for the decedent’s primary residence
- Successors using the petition process must notify all heirs and devisees
Here’s an example of how this could play out:
Marisol’s father Cruz passed away, leaving a house worth $500,000 and bank accounts totaling $100,000. Under current law, Marisol would have to go through full probate, because the house value exceeds $166,250. But after April 1, 2025, she could use the simplified petition process for the house (since it was Cruz’s primary residence) and the affidavit procedure for the bank accounts. This would save significant time and court costs compared to formal probate.
Who is Most Impacted by the New AB 2016 Probate Rules?
The changes will have the greatest impact on three main groups:
- Successors to mid-size estates
- With the threshold increasing to $750,000, many more successors will qualify for simplified procedures
- This could save time and money compared to full probate
- However, estates just over the new limit will still require formal administration
- Inheritors of primary residences
- The simplified petition process will now apply only to primary residences
- This may simplify transfer of the decedent’s main home
- But other real property will now require full probate or the affidavit procedure
- Heirs and devisees entitled to notice
- Under AB 2016, successors must notify all heirs and devisees when filing a petition
- This increases transparency but could also lead to more challenges
- Heirs may be more likely to contest knowing a petition has been filed
Overall, while the changes will simplify procedures for many, they may also lead to a more complex process for some successors.
What Should You Do to Prepare for the 2025 AB 2016 Changes?
If you think the AB 2016 amendments may impact you, it’s important to start preparing well before the April 1, 2025 effective date. Some key steps to consider:
- Review your estate plan – Make sure your will, trust, and other documents are up to date and reflect your current wishes. Consider whether the new rules change any of your plans.
- Consult an experienced probate attorney – An estate planning lawyer can evaluate your specific situation and advise on whether you’re likely to qualify for simplified procedures under AB 2016. They can also recommend any beneficial changes to your plan.
- Consider strategic moves before April 2025 – In some cases, it may be advantageous to initiate the probate process before the new law takes effect. An attorney can advise on your options.
Remember, even if the AB 2016 changes don’t apply to you directly, it’s always smart to periodically review your estate plan as laws and life circumstances change. Proactive planning is the best way to make things easier on your loved ones later.
Get Expert Help Navigating California’s New Probate Landscape
At Klosek Law Offices, we’ve been closely monitoring the progress of AB 2016 and analyzing its potential impacts. Our experienced team of California probate attorneys is ready to help you understand and prepare for the coming changes. Some advantages of working with us:
- Deep knowledge of AB 2016 and all California probate laws
- We’ve been providing skilled estate guidance for X years
- Successfully handled X probate cases of all sizes
- Trusted by X California families
- Personalized, compassionate counsel
- We know estate settlement can be an emotional time
- Work closely with each client to understand needs
- Tailor recommendations to your unique situation
- Focused on minimizing hassle and maximizing value
- Aim to streamline process and reduce expenses
- Leverage simplified procedures whenever possible
- Provide peace of mind every step of the way
Next Steps to Prepare for AB 2016
While April 2025 may seem far off, it’s never too early to start preparing for legal changes that could significantly impact your family. If you take away nothing else from this article, remember these key points:
- AB 2016 brings big changes to California’s probate process starting April 1, 2025
- Many more estates will qualify for simplified procedures, but with some limitations
- Proactive planning is essential to avoid unnecessary cost and complications later
If you’re ready to discuss how AB 2016 may affect your specific situation, the team at Klosek Law Offices is here to help. Contact us today to schedule a consultation. With our experience and expertise, we’ll help you navigate the probate process efficiently, so you can focus on what matters most.
Don’t wait until the changes take effect and add more stress to an already challenging time. Act now to put a solid plan in place. We look forward to providing you peace of mind and making the process as smooth as possible for you and your loved ones. Together, we can ensure you’re fully prepared for the AB 2016 changes and whatever the future may bring.
Key AB 2016 Changes at a Glance
| Provision | Current Law | AB 2016 (Apr. 2025) |
| Small estate threshold | $166,250 | $750,000 |
| Simplified affidavit procedure | Available for personal property under threshold | Threshold increases, rules otherwise unchanged |
| Simplified petition procedure | Available for real and personal property under threshold | Only for decedent’s primary residence, new notice requirements for heirs |
