Why Californians Still Want to Avoid Probate in 2025

Even with the new AB 2016 rules that let heirs transfer a primary residence worth up to $750,000 without a full probate, the process still isn’t something most families should face if they can help it.

Here’s why:

• Time drag. A routine Bay-Area probate still averages 12–18 months, and congested county calendars can push that past two years.

• Cost creep. Statutory fees run 4-6 % of gross estate value—before appraisers’ fees, bond premiums, and extraordinary attorney work. On a $1 million house, probate can easily top $50 k.

• Loss of privacy. Court files are public. Anyone can see your inventory, debts, and who gets what.

• Frozen control. Until the judge appoints a personal representative, no one can sell, refinance, or even insure estate assets.

• Family friction. Public notice invites disgruntled relatives or creditors to lodge formal objections—slowing things further.

• Geography limits. The $750 k break applies only to a primary residence. Vacation homes, rentals, businesses, and non-real-estate assets over the small-estate limit still trigger a filing.

A properly funded revocable living trust sidesteps all of this: it’s private, faster, and usually cheaper than probate, no matter the estate’s size. Ready to keep your family out of court? Shafae Law can craft a plan that fits your life and your legacy.