Probate in one paragraph
Probate is the court-supervised process for transferring a person's property after they die. The court confirms who is in charge of the estate, that person gathers and values the property, pays valid debts and taxes, and then distributes what remains to the people entitled to it under the will or, if there is no will, under California's inheritance rules. 1, 2 In San Francisco, probate cases are heard by the Probate Department of the San Francisco Superior Court at 400 McAllister Street. 3
Key terms
| Term | Meaning |
|---|---|
| Decedent | The person who died. |
| Estate | Everything the decedent owned at death that has to pass through probate. |
| Personal representative | The person the court puts in charge of the estate. The term covers both an executor and an administrator. 4 |
| Executor | A personal representative named in the will. |
| Administrator | A personal representative appointed when there is no will, or no named executor is able to serve. California law sets an order of priority, starting with a surviving spouse or domestic partner, then children, then grandchildren. 5 |
| Letters | The court document that gives the personal representative authority to act. Appointment becomes effective when letters are issued. 6 |
| Intestate | Dying without a valid will. California's intestate succession rules then decide who inherits. 7 |
| Probate referee | A state-appointed appraiser who values estate property such as real estate. The court designates one from the list kept by the State Controller. 8, 9 |
| Beneficiary or heir | A person who receives property from the estate. |
Does a will avoid probate?
No. The California Courts self-help guide states plainly that an estate may need to go through probate even if the person had a will. 1 A will tells the court who should receive the property and who should serve as executor. It does not, by itself, move property outside the court process.
When probate is usually required
Probate is usually needed when the decedent owned property in their own name alone, with no automatic transfer arrangement, and the value is above the small estate limits below. For San Francisco families, the most common example is a house, condo or apartment building that was titled only in the decedent's name and was never placed in a living trust.
When an estate can avoid formal probate
| Situation | What happens | Source |
|---|---|---|
| Property held in a living trust | The successor trustee manages and distributes it under the trust, without a probate proceeding. | 10 |
| Joint tenancy | The surviving joint owner takes the property. | 11 |
| Transfer on death deed | The property can transfer to the named beneficiary. | 11 |
| Surviving spouse or domestic partner entitled to the property | They can file a spousal property petition, which the courts describe as faster and less complicated than opening probate. | 11 |
| Small estates | Simplified procedures are available when the value of the estate is under the limits below. | 12 |
Current small estate limits (deaths on or after April 1, 2025)
| Procedure | Limit | What it's for |
|---|---|---|
| Small estate affidavit (Probate Code §13100) | $208,850 | Collecting personal property such as bank accounts, without court, at least 40 days after death 12, 13 |
| Affidavit for real property of small value (§13200) | $69,625 | Transferring low-value real property, no sooner than six months after death 12, 14 |
| Petition to determine succession to the decedent's primary residence (§13151) | $750,000 | A court petition, simpler than full probate, for the decedent's main home in California 12, 15 |
The $750,000 primary residence limit comes from Assembly Bill 2016 and applies to deaths from April 1, 2025 through March 31, 2028. 15 The dollar limits are adjusted every three years, and the next update is scheduled for April 1, 2028. 12
Why the small estate rules rarely help with San Francisco real estate
The $750,000 limit applies only to a decedent's primary residence, and the $69,625 limit is far below the value of almost any San Francisco property. In practice, most San Francisco homes and nearly all apartment buildings titled in the decedent's own name will need either full probate or another transfer route such as a trust. Rental buildings do not qualify for the primary residence petition at all, because it is limited to the decedent's main home.
Note: Some older pages, including the San Francisco Superior Court's "Wills and Decedents' Estates" page, still show the earlier $184,500 small estate figure. The current amounts are in Judicial Council form DE-300. 12
What probate looks like in San Francisco
At a high level, a San Francisco probate case moves through three stages: opening the case, administering the estate, and closing it. 2
- Opening: someone files a petition, notice is published and mailed, and the court holds a hearing in Department 204. If approved, the court issues letters to the personal representative. 3, 16
- Administering: the personal representative notifies creditors, inventories and appraises property, pays valid debts, manages or sells property, and files required tax returns. 2
- Closing: the personal representative asks the court for an order for final distribution. If that is not possible within one year after letters are issued (18 months if a federal estate tax return is required), a status report is due instead. 17
See The San Francisco Probate Process for each step in detail.
When you need professional help
- A probate attorney is strongly recommended for most estates with San Francisco real estate. The San Francisco Local Rules require an attorney to appear at hearings to confirm a probate real estate sale. 18
- A real estate agent with court-confirmed sale experience is useful as soon as you know the estate includes property that may be sold. Pricing, disclosures and the overbid process work differently from an ordinary sale. See Selling Real Estate in Probate.
- Free and low-cost help is available through the court's ACCESS self-help center and legal aid organizations. See Resources.
Sources
- California Courts Self-Help Guide, "Guide to property after someone dies"selfhelp.courts.ca.gov
- California Courts Self-Help Guide, "Overview of formal probate"selfhelp.courts.ca.gov
- San Francisco Superior Court, Probate Courtsf.courts.ca.gov
- San Francisco Superior Court, Wills and Decedents' Estatessf.courts.ca.gov
- California Probate Code §8461leginfo.legislature.ca.gov
- California Probate Code §8400leginfo.legislature.ca.gov
- California Probate Code §6402leginfo.legislature.ca.gov
- California Probate Code §8902leginfo.legislature.ca.gov
- California Probate Code §8920leginfo.legislature.ca.gov
- San Francisco Superior Court, Trustssf.courts.ca.gov
- California Courts Self-Help Guide, "When formal probate may not be needed"selfhelp.courts.ca.gov
- Judicial Council form DE-300, Tables of Adjustmentscourts.ca.gov
- California Probate Code §13100leginfo.legislature.ca.gov
- California Probate Code §13200leginfo.legislature.ca.gov
- California Probate Code §13152leginfo.legislature.ca.gov
- California Probate Code §8003leginfo.legislature.ca.gov
- California Probate Code §12200leginfo.legislature.ca.gov
- San Francisco Superior Court, Local Rules of Court (Rule 14, Probate)sf.courts.ca.gov
