Guide 2 of 5 · Probate

Does an inherited house in Folsom have to go through probate?

By Scott Kirk, Broker/Owner · Updated November 3, 2026

Short answer

Not always. A house held in a living trust is usually sold by the trustee with no probate court. Without a trust, California has a simpler court petition for a main home worth up to $750,000 when the owner died on or after April 1, 2025. Above that, it usually takes full probate in Sacramento County Superior Court, and creditors get at least four months after the executor is appointed to file claims.

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Which path fits your family?

Start at the top and follow the answers. Your probate attorney confirms the path, but most Folsom families can tell where they likely land in a minute. If the house passed by joint tenancy, a transfer on death deed, or to a surviving spouse, ask your attorney first. It may skip probate.

Was the house in a living trust?
Yes The trustee sells it No probate court. Usually the fastest path.
No Was it the main home, worth $750,000 or less? For a death on or after April 1, 2025.
Yes Main home petition A simpler court process than full probate.
No Full probate Sacramento County Superior Court. See the timeline below.

The California limits

The courts publish the limits, and they depend on the date of death.

Date of deathSmall estate affidavit (personal property)Main home petition limit
April 1, 2025 or later$208,850$750,000, for the main home in California
April 1, 2022 to March 31, 2025$184,500$184,500 (no separate main home limit before April 1, 2025)

A house cannot pass by the small estate affidavit. Other real property of small value has its own affidavit, capped at $69,625 for a death on or after April 1, 2025. The main home petition also requires waiting 40 days after the death and an appraisal by the probate referee.

Source: California Courts, Probate Code adjusted dollar amounts.

Where does Folsom land?

Right on the line. Folsom's median sale over the last 12 months was $750,000, so roughly half of Folsom homes sell below the limit and half above. A Willow Creek home, with a $674,500 median, may fit. Natoma Station, at $760,000, could go either way. Briggs Ranch, American River Canyon and Hillcrest homes usually sell well above it. See every neighborhood.

How long does full probate take?

Longer than most families expect. A few steps have minimum times set by law.

  1. 1First hearing to appoint the executor. 15 to 30 days after the petition is filed, or 30 to 45 days if requested.
  2. 2Creditor claim period. 4 months after the executor's letters are issued, or 60 days after a known creditor is notified, whichever is later.
  3. 3Notice to heirs before a sale. At least 15 days under full authority.

These set the earliest dates for parts of the process. The creditor period limits when the estate can pay out and close, not when the house can sell. Court calendars and family questions add time. Ask your attorney for a realistic timeline before you set a sale date.

Sources: Probate Code 8003; Probate Code 9100; Probate Code 10586.

Who should I call first?

A California probate attorney. They tell you which path fits and who has the legal right to act. Then get the value, because the value often decides the path. Once you're in court, read how the sale works during probate.