Probate · AB 2016 · Los Angeles County
How Do You Appraise a Home Under AB 2016?
Justin Borges, DRE #01940318 · 12 min read · Updated July 26, 2026
AB 2016 lets an heir petition to inherit a deceased parent's primary residence without a full Los Angeles County probate case if the home's fair market value is $750,000 or less, but that value still has to be established through a formal appraisal before the petition can be filed. Most petitioners use a probate referee, the same official courts use to value assets in formal probate inventories (Probate Code Section 13151).
Sources: California Probate Code Sections 13100, 13151, and 13200; Judicial Council Form DE-300, revised April 28, 2025, effective through March 31, 2028; California Probate Code Section 890 (adjustment schedule).
What You Will Learn
- What Is AB 2016 and Why Does It Change How You Value an Inherited Home?
- Who Appraises the Home for an AB 2016 Petition?
- How Is Fair Market Value Determined Under AB 2016?
- What Happens If the Home Appraises Above $750,000?
- How Does AB 2016 Differ From the Small Estate Affidavit Process?
- What Documents Do You Need to File an AB 2016 Petition in Los Angeles County?
- How Long Does the AB 2016 Appraisal and Petition Process Take?
- Frequently Asked Questions
What Is AB 2016 and Why Does It Change How You Value an Inherited Home?
AB 2016 (Stats. 2024, ch. 331) raised the primary residence succession petition threshold under Probate Code Section 13151 from $184,500 to $750,000, effective April 1, 2025. Unlike most probate thresholds, which adjust every three years for inflation under Probate Code Section 890, this jump was a direct legislative override, and it simultaneously narrowed the procedure to cover only the decedent's primary residence rather than any California real property.
For a Los Angeles County heir, that change means many single-family homes that would have required a full probate case before April 2025 can now transfer through a simplified petition instead, provided the home was the decedent's primary residence and its fair market value falls at or under $750,000.
A $750,000 ceiling sounds generous until you remember the appraisal has to prove it. The petition lives or dies on that number.
Justin Borges, CA DRE #01940318Who Appraises the Home for an AB 2016 Petition?
Most Los Angeles County petitioners use a probate referee, an official appointed by the California State Controller's office specifically to value estate assets for court filings, the same role used to complete formal probate inventories. Some petitioners instead obtain an appraisal from an independent licensed real estate appraiser, though local court practice and the specific petition requirements should be confirmed with a probate attorney before choosing that route.
Either way, the appraisal has to reflect the home's fair market value as of a date the court will accept, and it becomes the single most important document in the entire Los Angeles County petition.
How Is Fair Market Value Determined Under AB 2016?
Fair market value for an AB 2016 petition means what a willing buyer would pay a willing seller in the current Los Angeles County market, not the property's assessed tax value, which under Proposition 13 is often far lower than what the home would actually sell for. A probate referee or appraiser physically inspects the property, compares it against recent comparable sales, and issues a signed valuation the court can rely on.
Heirs sometimes assume the county's assessed value or an online estimate is close enough. It rarely is, and using the wrong number risks either overstating the estate's eligibility for the simplified process or underselling what the home is genuinely worth once it is time to sell.
What Happens If the Home Appraises Above $750,000?
If the appraisal comes back above $750,000, the AB 2016 primary residence succession petition is no longer available for that Los Angeles County property. The estate generally has two remaining paths: the small estate affidavit process, which covers up to $208,850 in personal property or up to $69,625 in real property under a separate, lower threshold, or a formal probate case if the estate exceeds every simplified option.
| Simplified Procedure | Threshold | What It Covers |
|---|---|---|
| AB 2016 primary residence petition | $750,000 | Decedent's primary residence only (Probate Code Section 13151) |
| Small estate affidavit, personal property | $208,850 | Personal property generally, not real property (Probate Code Section 13100) |
| Small value real property affidavit | $69,625 | Other real property, not the primary residence petition (Probate Code Section 13200) |
All three thresholds took effect April 1, 2025, and are locked until the next scheduled adjustment on April 1, 2028 absent new legislation (Judicial Council Form DE-300).
How Does AB 2016 Differ From the Small Estate Affidavit Process?
These are separate procedures with separate thresholds, and Los Angeles County heirs frequently mix them up. The small estate affidavit under Probate Code Section 13100 covers personal property generally, up to $208,850, and is not limited to a primary residence. AB 2016 created a distinct and much higher $750,000 threshold that applies only to the decedent's primary residence specifically.
A single estate can potentially use both procedures for different assets: the AB 2016 petition for the primary residence, and the small estate affidavit for personal property like bank accounts or vehicles, as long as each asset independently qualifies under its own threshold.
What Documents Do You Need to File an AB 2016 Petition in Los Angeles County?
- Certified death certificate. Establishes the decedent's date of death and identity.
- Proof of relationship to the decedent. Documentation showing the petitioner's standing to inherit.
- Legal description of the property. Pulled from the current deed or county assessor records.
- Appraisal establishing fair market value. The probate referee or independent appraisal showing the home is at or under $750,000.
- Completed Judicial Council petition forms. Filed with the Los Angeles County Superior Court probate division.
A probate attorney can confirm the exact current forms and any Los Angeles County-specific local rules, since court practice on supporting documentation can shift over time.
How Long Does the AB 2016 Appraisal and Petition Process Take?
Scheduling a probate referee appraisal and assembling the petition typically takes a few weeks in Los Angeles County, and the court's own hearing calendar adds further time on top of that. Even with those steps, the full AB 2016 process is generally much faster than a formal probate case, which commonly runs 9 to 18 months from filing to closing the estate (Courts.ca.gov Self-Help Guide).
Heirs who are also planning to sell the home once title transfers should start lining up a Los Angeles County agent early, so the appraisal used for the petition and the pricing strategy for a future sale are working from the same accurate picture of value.
Frequently Asked Questions
What is AB 2016 and how does it affect an inherited home in Los Angeles County?
AB 2016 lets an heir petition to succeed to a deceased person's primary residence without a full probate case, as long as the home's fair market value is $750,000 or less. It replaced a much lower $184,500 threshold and restricted the procedure to a primary residence only (Probate Code Section 13151).
Who appraises the home for an AB 2016 petition?
Most Los Angeles County petitioners use a probate referee, an official appointed by the State Controller's office to value estate assets for court filings, the same role used in formal probate inventories. Some petitioners instead obtain an independent appraisal from a licensed real estate appraiser, though local court practice and the specific petition should be confirmed with a probate attorney.
What happens if the home appraises above $750,000?
If the appraised fair market value exceeds $750,000, the AB 2016 primary residence succession petition is not available, and the estate generally must proceed through the small estate affidavit process for personal property up to $208,850, or a formal probate case if the property's value exceeds every simplified threshold.
How is AB 2016 different from the small estate affidavit?
The small estate affidavit under Probate Code Section 13100 covers up to $208,850 in personal property and a separate, lower real-property-only affidavit covers up to $69,625. AB 2016 created a distinct, higher $750,000 threshold that applies only to the decedent's primary residence, not to other real property or personal property generally.
What documents do you need to file an AB 2016 petition in Los Angeles County?
You generally need a certified copy of the death certificate, proof of the petitioner's relationship to the decedent, a legal description of the property, and the appraisal establishing fair market value at or below $750,000, filed with the Los Angeles County Superior Court probate division on the applicable Judicial Council forms.
How long does the AB 2016 appraisal and petition process take?
Scheduling a probate referee appraisal and preparing the petition typically takes a few weeks, and the Los Angeles County court hearing calendar adds additional time on top of that. The full process is still generally much faster than a formal probate case, which commonly runs 9 to 18 months (Courts.ca.gov Self-Help Guide).
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