California primary residence succession petition DE-310
California $750,000 Home Probate Petition
Inherited a California primary residence worth up to $750,000? Check DE-310, the death date, gross value, appraisal, and court requirements before filing.
A California primary residence worth up to $750,000 may qualify for a simplified succession petition when the owner died on or after April 1, 2025. The process uses form DE-310 and requires a court petition. It is not the personal-property affidavit a family might give a bank to collect an account.
The change came from AB 2016 in 2025. For families handling an estate in 2026, it creates a useful question to ask before assuming that a house requires full probate administration. The California Courts overview explains the higher limit and its restriction to the deceased person’s main home in California.
Which inherited homes can use the $750,000 procedure?
Write down the owner’s date of death and identify the property you want transferred. The date controls which value limit applies. A family starting paperwork today does not automatically use today’s limit for a death several years ago.
Then ask whether the property was the deceased person’s primary residence. Do not assume a rental house, vacation property, or vacant parcel fits because its price falls below $750,000. This procedure is narrower than “any small estate containing real estate.”
Keep a separate list of bank accounts and other assets. That helps you ask about the right procedure for each asset without treating the house petition as permission to collect everything in the estate.
Does the $750,000 limit mean value or equity?
The current court materials describe a gross-value limit. Do not subtract the mortgage from an estimated selling price and call the remainder the home’s value for this test.
Consider a hypothetical Riverside family. Their parent’s primary residence is appraised at $700,000, the parent died in June 2026, and there is an outstanding mortgage. Those facts give the family a reason to ask about the primary-residence petition. They do not establish eligibility by themselves.
If the appraisal instead places the home above the applicable limit, a large mortgage does not turn the gross value into a smaller number. Bring both the appraisal and loan statement to the adviser, but label them as different records serving different purposes.
Is DE-310 the same as a small estate affidavit?
DE-310 is a court petition for the primary residence. It is different from a personal-property affidavit used for assets such as a bank account. Our small estate affidavit overview explains that separate starting point.
Riverside Superior Court’s procedure chart lists this route as a petition for real property with a 40-day waiting period. It also explains that an existing estate administration affects the use of summary procedures; consent from the court-appointed representative may be needed.
Ask the appropriate court or a probate lawyer:
- Is this the right procedure for the residence and date of death?
- Who is entitled to request the transfer, and who must receive notice?
- Is an estate case already open?
- Which current statewide and local forms apply?
- How should the required appraisal be obtained?
Write the answers beside the document they concern. “Need appraisal” is less useful than a note identifying who explained the requirement and what step you were told to take next.
What documents are needed for the DE-310 petition?
Riverside’s published packet includes Petition to Determine Succession to Primary Residence (DE-310), Inventory and Appraisal forms, Notice of Hearing, and a proposed order. Its instructions call for supporting records such as a certified death certificate, grant deed, and will if there is one.
Use that packet as an example of the work involved, not a statewide list of local filing requirements. A different county may have different local forms and procedures. Download the current packet from the court where you will file rather than using an old copy passed between relatives.
Create a folder for identity and death records, another for title and valuation, and another for wills and successor information. Flag inconsistent names or missing pages for review. Keep your questions separate from signed originals.
Plan for a hearing and follow-through
Riverside’s instructions describe filing, notice, review of probate notes, a hearing, and obtaining a certified order for recording. Submitting the petition is therefore one stage of the process, not the completed transfer.
Use a simple task list with a responsible person and status for each step. If the court identifies a missing attachment, save the notice and track the correction. Do not assume silence means the petition has been approved.
Questions about the primary-residence petition
Can I use this petition for a rental property?
The expanded $750,000 procedure is limited to the deceased person’s primary residence in California. A rental or vacation property does not fit merely because its value is below that amount. Ask about the procedure appropriate to that property.
Is the house transferred as soon as I file DE-310?
No. The petition starts a court process. The court packet describes notice, review, a hearing, and a certified order for recording. Follow the requirements of the court handling the petition.
SmallEstateHelpAI can help organize facts and records for review. It provides legal information, not legal advice, and is not a law firm. An estate involving disputed heirs, unclear title, an existing trust, or debts needs individual review. The $750,000 figure is a screening point, not a promise that a particular estate qualifies.