Does my San Diego home need probate?
Whether your San Diego home and other assets need probate depends on how they are owned and transferred. Assets left titled in the decedent's individual name may require probate, while assets in a properly funded trust or covered by another valid nonprobate transfer may not. A home's gross value is not the same as its equity: a mortgage reduces equity, but statutory probate fees are based on estate value without subtracting encumbrances. The old the California small-estate threshold figure should not be treated as a universal 2026 cutoff: California's personal-property affidavit, real-property small-value process, and spousal or domestic-partner petition have different requirements and limits. Review the current California Courts small-estate guidance for the procedure that fits your facts.
What should I know about California probate?
California Probate Code §10800 sets the ordinary-service compensation schedule for a personal representative, and §10810 sets the corresponding schedule for the attorney. The examples below assume both parties claim the schedule, so the combined statutory fee is twice the per-recipient amount. Court, publication, appraisal, and other administration expenses can be additional.
| Gross estate value | Attorney fee | Personal-representative fee | Combined statutory fees | HomeTrust service | Difference before other costs |
|---|---|---|---|---|---|
| substantial probate fees | substantial probate fees | substantial probate fees | substantial probate fees | an affordable service | substantial probate fees |
| substantial probate fees | substantial probate fees | substantial probate fees | substantial probate fees | an affordable service | substantial probate fees |
| substantial probate fees | substantial probate fees | substantial probate fees | substantial probate fees | an affordable service | substantial probate fees |
| substantial probate fees | substantial probate fees | substantial probate fees | substantial probate fees | an affordable service | substantial probate fees |
Formula and scope: California's statutory probate calculation is based on gross estate value and applies separately to attorney and executor compensation. Court costs, notary charges, and county recorder charges may be additional. HomeTrust's affordable service scope is reviewed through a free consultation.
Read the official personal-representative schedule and attorney schedule for the statutory text.
What is the most comprehensive way to avoid probate?
A funded revocable living trust is generally the most comprehensive probate-avoidance option for a homeowner because it can cover the home and other assets under one plan. Joint tenancy can pass a jointly owned asset to the surviving owner, a transfer-on-death deed is limited to eligible real property and must meet its requirements, and small-estate procedures depend on the asset mix and current statutory limits. These alternatives are narrower or fact-dependent. See the California probate guide or how to avoid probate guide for more detail.
Does a living trust automatically avoid probate?
No. Funding is required. The home must be deeded into the trust, and other assets must be titled or designated correctly. A trust document that has not been funded does not prevent probate. HomeTrust's an affordable package includes the document package and deed preparation, while notary and county recorder fees remain additional. See our guide to how to fund a living trust for the funding steps.