How Do I Know If My Mom's Home Has to Go Through Probate?

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This is one of the first questions families ask me after a parent passes. The honest answer is: it depends on how the home was owned.

A will by itself doesn't avoid probate

Many people are surprised by this. The California courts' own website says an estate may need to go through probate even if the person had a will. A will says who gets what. It doesn't by itself move the house.

When probate is usually needed

If the home was in your mom's name alone, with no trust, and none of the options below fit, the home usually has to go through probate. In California, that typically takes 9 to 18 months, and the fees are set by law based on the value of the estate.

Ways a home may pass without full probate

A living trust. If the home was put into a trust, the trustee can usually handle it without probate court.
Joint tenancy. If the home was owned in joint tenancy, it goes to the surviving owner.
A surviving spouse. A spouse or registered domestic partner may be able to use a simpler court petition (the Spousal or Domestic Partner Property Petition).
A main home worth up to $750,000. For deaths on or after April 1, 2025, a parent's main home in California worth up to $750,000 may be transferred with a simpler court petition instead of full probate.
A home that should have been in the trust. If there was a trust but the house was never moved into it, a Heggstad petition may help. (See my post on that.)

What to do first

Find the deed and any trust or will papers.
Talk with a probate attorney. They can tell you which path fits your family.
Don't sell, rent or clear out the house until you know who has the legal right to do it.

You don't have to figure this out alone. I've helped many families through this, and I'm happy to answer your questions even if you're not ready to sell.

I'm not an attorney and can't give legal advice. I work alongside families and their attorneys to sell the home and keep things moving.

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