Last verified 2026-09-19; facts checked against the primary sources below

How do I file a DE-310 petition for a California primary residence?

Last verified: September 19, 2026

The short answer: For a person who died on or after April 1, 2025, a successor may use form DE-310, Petition to Determine Succession to Primary Residence, when at least 40 days have passed and the deceased person's interest in a qualifying California primary residence had a gross date-of-death value of $750,000 or less. The court—not an affidavit delivered directly to a bank—decides whether the residence passes to the petitioner. California Courts simplified-transfer guidance

The $750,000 procedure is limited to the deceased person's California primary residence. It is not a general shortcut for any real property worth less than $750,000.

Who can use the DE-310 procedure?

The current Judicial Council form asks the petitioner to establish all of these points:

Requirement	What to verify
Property	The real property was the deceased person's primary residence in California
Waiting period	At least 40 days have passed after death
Value	The deceased person's gross interest fits the limit tied to the death date
Succession right	The petitioner receives the property under a will or California intestacy law
Probate status	No California administration is being or has been conducted, or the personal representative gives written consent
Appraisal	A probate referee appraises the property using the required inventory-and-appraisal forms

Assembly Bill 2016 raised the current limit and restricted the procedure to a primary residence. It also says "primary residence" is not limited to the residence occupied on the date of death. AB 2016 statutory text

Which value limit applies?

California Courts publishes these date-specific limits for the section 13151 procedure:

Date of death	Maximum gross value of the qualifying primary residence
Before April 1, 2022	$166,250
April 1, 2022–March 31, 2025	$184,500
April 1, 2025–March 31, 2028	$750,000

Use the date of death and the current Judicial Council form. Do not subtract a mortgage or other debt from the gross value when the form asks for gross value. California Courts guidance

What forms and attachments are used?

Fresno Superior Court's current probate form list identifies the statewide starting set below. The filing county may require local forms or a different lodging procedure. Fresno probate forms

Form or attachment	Purpose
DE-310	Petition to determine succession to the primary residence
DE-300	Shows the adjusted maximum values tied to the date of death
DE-160 and DE-161	Inventory and appraisal material for the probate referee's valuation
DE-120	Notice of hearing
DE-315	Proposed order determining succession
Certified death certificate	Establishes the death
Will, if any	Supports the claimed succession route
Personal representative's written consent, if applicable	Supports use of the procedure while an administration is pending

The Judicial Branch DE-310 page publishes the current April 28, 2025 form. Do not use an older version labeled only for estates of $150,000 or $166,250.

Where do I file, and what happens next?

File in the Superior Court county where the deceased person's estate may be administered. The clerk assigns a hearing date. Follow the court's instructions for serving notice, filing proof of notice, providing the probate-referee appraisal, and lodging DE-315.

If the court grants the petition, obtain a certified copy of the filed order. Record it with the county recorder where the residence is located if needed to establish marketable title. The recorder and assessor may require separate documents.

What other property tasks remain?

The court order does not replace California's death-of-owner assessor report. Use the BOE-502-D guide for that separate filing. Use the estate inventory guide to organize the appraisal inputs and the property-transfer map to compare this petition with joint tenancy, trust, spouse, and formal-probate routes.

Eligibility depends on title, succession rights, valuation, and the current form. Resolve disputed ownership or unclear heirship before filing.