Do You Even Need Full Probate? California’s Shortcuts for San Diego Families Who Inherited a House
I'm Matt. I buy houses for cash around San Diego County, and I hear the same worry from families all the time: "Mom passed, there's no trust, so I guess we're stuck in probate for a year." Sometimes that's true. But California has simpler procedures for some estates, and a recent change made one of them available to a lot more families.
Here's a plain-English overview. It isn't legal advice, but it's a good starting point for your conversation with a probate attorney.
Why full probate feels so heavy
Formal probate goes through the Superior Court. Someone is appointed as executor or administrator and receives "Letters," which are the court papers that give them authority to act. After that come notices, a waiting period for creditors, and often court involvement in the sale of the house. Creditors generally have four months after Letters are first issued to file claims. That's why families who go through probate often expect it to take a while.
Shortcut 1: Passing a primary residence worth up to $750,000
For deaths on or after April 1, 2025, California allows heirs to ask the court to determine who inherits a decedent's primary residence worth up to $750,000 through a simpler petition (a "petition to determine succession"), instead of full probate administration. The court still decides, but the process is lighter.
$750,000 isn't a high number for many San Diego neighborhoods, but plenty of older homes, condos and inland properties fall under it. A probate attorney can tell you how the value is measured and whether your situation qualifies.
Shortcut 2: Small estates
For deaths on or after April 1, 2025:
Personal property up to $208,850 can often be collected with a small-estate affidavit, without going to court. This generally can't be used until 40 days after the death.
Real property of small value, up to $69,625, has its own simplified affidavit process.
In San Diego County, the $69,625 limit won't cover most houses. But it can matter for things like a fractional interest or a lot.
These limits adjust every three years. The next adjustment is scheduled for April 1, 2028.
When you still need full probate
If the house is worth more than the limits, there's a will contest, or the estate is complicated, full probate may still be the path. Even then, many executors can sell under the Independent Administration of Estates Act (IAEA). That usually means a notice to heirs instead of a court confirmation hearing. When a court-confirmed sale is required, the price generally has to be at least 90% of the appraised value. My probate guide walks through how a sale works in both situations.
How a cash sale fits each path
Whichever path your family takes, here's how selling to me works:
After a succession order, I buy directly from the heirs the court named.
In probate, I buy from the executor or administrator and work with the estate's timeline, including any notice periods or a confirmation hearing.
Either way, as-is. No repairs and no clean-out. Take the keepsakes and leave the rest.
A cash offer within 24 hours of seeing the house, and a close in 7–14 days once the paperwork allows it.
I buy all over the county, from Carlsbad, Vista and San Marcos to Encinitas and East County.
Your next step
Start with a probate attorney to find out which path fits your family's situation. If selling the house is part of the plan, call or text me at 858-625-1873, or request an offer on my Get My Fair Offer page. There's no cost and no obligation, and I'm happy to answer questions even if you're not ready yet.
This article is general information, not legal advice. Probate rules and dollar limits change. Please talk with a California probate attorney about your situation.