Avoiding & Shortening Probate

What Is a Petition to Determine Succession to a Primary Residence?

By Grant A. Toeppen

This is one of the most useful recent changes in California probate. A Petition to Determine Succession to a Primary Residence (Judicial Council Form DE-310) is a simplified court procedure that can transfer a deceased person's home to the heirs without a full probate — and as of 2025, it covers homes worth far more than it used to.

What changed in 2025 (AB 2016)

Under a law known as AB 2016, two things changed for deaths on or after April 1, 2025:

The value limit jumped to $750,000. Previously the threshold was much lower (around $184,500), which excluded most California homes. The new ceiling brings a large share of ordinary family homes within reach of this faster procedure.
It now applies only to the decedent's primary residence — the home they actually lived in. Other real estate (rentals, vacation property, raw land) no longer qualifies for this particular procedure.

Watch the date of death. The $750,000 limit applies to deaths on or after April 1, 2025. For earlier deaths, the older and lower limits apply. These thresholds are adjusted every three years, with the next change due April 1, 2028 — so always confirm the figure in effect for the actual date of death.

How the petition works

Wait at least 40 days after the date of death.
File the petition (Form DE-310) describing the home and the people entitled to inherit it, supported by the probate referee's appraisal showing the value is within the limit.
Attend the hearing. The attorney typically appears.
Receive the order. If the home qualifies and is within the value limit, the court issues an order establishing who the property passes to, which can then be recorded.

Why it's valuable

Compared to a full probate, this petition:

Avoids the percentage-based statutory fees
Avoids the bond, inventory, and formal creditor period
Resolves in a fraction of the time

For families whose main concern is transferring a parent's home — which describes a great many estates — it can be the difference between a year-long probate and a short, focused court process.

Worth checking against your situation

Because it's limited to the primary residence and to the current value cap, this petition won't fit every estate. If the home is worth more than the limit, or there's significant other property, full probate (or another procedure) may still be needed. A quick review tells you whether it applies.

The 2025 changes opened this option up to many more California families. We can confirm whether a home qualifies and handle the petition — including for heirs who live out of state or overseas. Request a consultation.

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Frequently Asked Questions

What is the value limit for the primary residence petition in California? For deaths on or after April 1, 2025, the limit is $750,000. The figure adjusts again on April 1, 2028, and lower limits apply to earlier deaths.

Does the primary residence petition avoid full probate? Yes. It transfers a qualifying primary residence by a single court petition, avoiding the bond, inventory, creditor period, and percentage fees of full probate.

What is Form DE-310? It's the Judicial Council form used for a Petition to Determine Succession to Real Property, including the primary residence procedure.

How long do you have to wait to file? You must wait at least 40 days after the date of death before filing.

Does this petition work for a rental or vacation home? No. Under the 2025 AB 2016 changes, this procedure applies only to the decedent's primary residence, not other real estate.

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