California Petition to Determine Succession to Primary Residence

If a bank told you an account is frozen and didn't explain what that actually means, you're not stuck, and you're not the only one this has happened to. A probate attorney would typically charge $1,500–$4,200+ to walk you through exactly what California law already lets you do yourself. This kit is $37, one-time, and covers the same ground — the eligibility rule, the official form, and what to say if a bank or clerk pushes back.

If a title company or buyer says a house can't be sold or refinanced without resolving who legally inherited it, and there's no cheap nonjudicial fix available, California's Petition to Determine Succession to Primary Residence is usually the real answer — not the 'Affidavit of Heirship' that content written for other states describes. This is a court-filed petition (Form DE-310), not a walk-in recorded affidavit: it requires a probate referee's appraisal and a court hearing, applies specifically to the decedent's primary residence, and is capped at $750,000 in gross value. It works whether or not the decedent left a valid will. This is informational only, written by researchers, not attorneys, and does not draft, file, or individualize anything on your behalf.

Last reviewed September 18, 2026

California has more than one probate-avoidance mechanism. See the Small Estate Affidavit guide instead → · See the Affidavit re Real Property of Small Value guide instead →

Built on the official state form
Every claim cited to Probate Code §§ 13150-13158
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Why timing matters: Because this is a real court proceeding, not a same-day recorded affidavit, budget real time for the probate referee appraisal and the court's hearing calendar — families who assume this works like a quick walk-in affidavit (the way it does in some other states) are often surprised by the timeline when a sale or refinance is already pending. Starting the appraisal step early is the single biggest lever over how long this takes. Miss the window and the estate is generally pushed into full probate instead — a probate attorney typically charges $1,500–$4,200+ for work this kit is built to help you avoid.

The California $750,000 Petition to Determine Succession to Primary Residence cap

Filing Petition to Determine Succession to Primary Residence in California starts with one number — the statutory cap. The estate, measured the way the statute measures it, has to be at or under $750,000 (primary residence only, not real property generally, on its own adjustment track from the Small Estate Affidavit's $208,850 cap (effective 4/1/2025; adjusted periodically under Probate Code § 890)), under Probate Code §§ 13150-13158. This is a statutory line, not a judgment call — the court or asset holder either sees the total under the cap or they don't. There's also a fixed 40-day waiting period after death before you can file at all — separate from the eligibility question, and it doesn't move regardless of how quickly you gather everything else. Petition to Determine Succession to Primary Residence is filed with the court, not handed directly to a bank or DMV. California publishes an official fill-in form: Judicial Council Form DE-310 [Rev. April 28, 2025], 'Petition to Determine Succession to Primary Residence.' Unlike Texas's Affidavit of Heirship (a walk-in, county-recorded nonjudicial affidavit), California has no dedicated 'affidavit of heirship' statute — the closest real instrument is this court-filed petition, which requires a probate referee appraisal and results in a court order, not a self-executing recorded affidavit. Scoped specifically to the decedent's primary residence, not real property generally. .

How to file, step by step

1

Confirm California has no simpler nonjudicial option for this property

Unlike Texas, California has no standalone, walk-in, county-recorded 'affidavit of heirship.' If the estate's real property is under $69,625 gross value and 6 months have passed since death, the Affidavit re Real Property of Small Value (DE-305) may be a faster, cheaper nonjudicial option — check that guide first before pursuing this court petition. This specific petition applies only to the decedent's primary residence, not real property generally.
2

Confirm the primary residence's gross value is under $750,000 and 40 days have passed since death

The current cap is $750,000 for deaths on or after April 1, 2025 (adjusted periodically under Probate Code § 890) — a separate figure from the Small Estate Affidavit's $208,850 cap, and specific to the primary residence, not real property generally.
3

Obtain a probate referee's appraisal of the property

A State Controller-appointed probate referee must appraise the primary residence before the court will act on the petition — budget real time for this step.
4

File the petition (Form DE-310) with the probate court

The petition is filed with the Superior Court in the county where the decedent's estate could be probated. Unlike a simple affidavit, this is a real court filing, not a document presented directly to a bank or recorded with no court involvement. View source →
5

Attend the hearing

This is a genuine court proceeding, not a clerk's paperwork review — expect a hearing where the court considers the petition and any objections before ruling.
6

Obtain the court's order determining succession

Once granted, the court's order is the legal record establishing who succeeded to the property. Confirm with a title company or attorney whether the order itself needs to be separately recorded with the county recorder to complete the title chain for your specific property.

California · Petition to Determine Succession to Primary Residence

Probate Code §§ 13150-13158 · Last reviewed September 18, 2026

$37

One-time · instant PDF download · no subscription, no upsell

A step-by-step kit covering the eligibility check, the annotated official form, and what to do when a bank or clerk pushes back.

What's inside

Cover & key facts
Contents
Glossary
Plain-English overview
Citations index

This kit fits when:

The estate is within California's $750,000 limit (see what counts above)
40+ days have passed since the death
You're ready to file with the court (the kit walks you through it)

This kit explains the statute — it doesn't determine your eligibility. Read the requirements above before you buy.

Your options

Free court form

The form only

This kit

$37

Form + steps + bank script

Attorney

$1,500–$4,200+

Typical fee

Rejected because of the kit? Full refund.

Email us the stated rejection reason within 30 days and we refund within one business day. Changed your mind? 7 days, no questions asked. Refund policy

One last step — confirm below and it's instant from there.

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See sample pages from the kit

What it actually looks like

Sample pages from the kit

Real pages from the California kit PDF. Click any page to enlarge.

Print-friendly, readable on a phone or tablet, and designed to be taken to the bank or clerk. Every operational claim cites the actual statute or official publication.

How this compares

Yes — California's own form is free (that's the Free state form column below). The $37 is for everything the free form leaves you to work out alone: the eligibility check, the filing sequence, and what to do when a bank, DMV, or clerk pushes back.

	This kit	Probate attorney	Free state form	Doing nothing
Cost	$37	$1,500–4,200+	$0	Eventually full probate, if the estate is never settled
Time to filed	Same week to prepare; court approval timing varies by county	2–6 weeks	If you can decode it alone	Not until you act
Bank/DMV/clerk pushback script	Yes	Sometimes	No	n/a
Statute citations	Yes	n/a	n/a	n/a
Delivery time	Instant download	After consult + retainer	Instant	n/a

Attorney costs reflect typical California probate-attorney retainers for this kind of filing.

The most-searched sticking point

What to do when a bank, DMV, or clerk pushes back

A facially valid filing still gets rejected on the first try more often than it should — usually because front-line staff have never processed one before, not because anything is actually wrong. This is the single biggest gap in every free state resource: none of them tell you what to actually say. The kit's Section 5 gives you the exact script and citation for each of these:

Title company or buyer requires every heir to be a party to the transaction
Heirs dispute who is actually entitled to the property

Each one has a specific script and statutory citation behind it — not just "you're right, they're wrong," but exactly what to say and what document to hand over. That's in the kit.

What you're actually paying for (and what we don't touch)

Settling an estate is a magnet for services that overpromise. Here is exactly what we do, what we don't, and what stays in your control:

You file the affidavit yourself. We don't act as your representative, contact the court or a bank on your behalf, or hold any estate funds. You stay in full control of the process from start to finish.
We don't collect the decedent's personal information. We don't ask for the decedent's Social Security number, account numbers, or any other sensitive detail. The only data we hold is the email you give us at checkout.
Your email is never sold or shared. Not to attorneys, not to probate-lead outfits, not to lead-generation firms. Read the privacy policy.
We earn no kickbacks. No attorney referral fees, no affiliate links, no advertising. Our only revenue is what you pay for the kit.
Every claim cites Probate Code §§ 13150-13158 directly. If you find anything on this page that doesn't match what the statute says, email support@estateaffidavitguide.com and we'll correct it within five business days.
Money back if your filing is rejected for a reason traceable to following the kit — full refund within one business day of hearing the stated reason, reported within 30 days of purchase — or for any other reason within 7 days, no questions asked. Full refund policy.

If a bank, DMV, title company, or court clerk rejects your filing for a reason traceable to following this kit, you get a full refund.

Email the stated rejection reason to support@estateaffidavitguide.com within 30 days of purchase and we refund the full purchase price within one business day. No phone tag, no forms, no fight. Not covered: an estate that turns out to be over the dollar limit, a dispute among heirs, or a missing document unrelated to the filing itself. Changed your mind for any other reason? You have 7 days, no questions asked. Full refund policy.

Avoid these

4 common reasons filings get rejected

The primary residence's gross value exceeds $750,000

This petition applies specifically to the decedent's primary residence, and is capped at $750,000 gross value for deaths on or after April 1, 2025 (adjusted periodically under Probate Code § 890) — a separate figure from, and much higher than, the personal-property Small Estate Affidavit's $208,850 cap. A residence over this figure, or a non-primary-residence real property, needs full probate or a different mechanism instead. — Probate Code § 13151

Filed before 40 days have passed since the date of death

Like the personal-property affidavit, this petition requires at least 40 days to have passed since death before it can be filed. — Probate Code § 13150

No probate referee appraisal was completed

Unlike a simple affidavit, this petition requires a formal appraisal by a State Controller-appointed probate referee before the court will act on it — a missing or incomplete appraisal is a common, avoidable delay.

The claimed heirship is genuinely disputed

Because this is a court proceeding with a hearing (unlike California's nonjudicial real-property affidavit, which has no hearing at all), a real dispute among potential heirs can be raised and must be resolved by the court before the petition is granted.

Before you present the California Petition to Determine Succession to Primary Residence

Most rejected-on-the-first-try filings are a front-line-staff problem, not an eligibility problem. This free one-pager has what to bring and what to say the first time you hand it to a bank, DMV, or clerk — emailed now. We'll also send a few short follow-ups over the next few weeks (why most pushback is unfamiliarity not law, the exact citation to point to, when to call an attorney) — then we stop. No ongoing newsletter.

Questions

Frequently asked questions

Does California have an Affidavit of Heirship like Texas?

Not really. Texas has a clean, standalone, nonjudicial statute (Estates Code Chapter 203) — a sworn affidavit signed by two disinterested witnesses and recorded directly with the county clerk, with no court involvement at all. California has no equivalent statute; the closest real instrument is the Petition to Determine Succession to Primary Residence (Probate Code §§ 13150-13158, Form DE-310), which is a court-filed petition requiring a probate referee appraisal and resulting in a court order — a meaningfully more formal process, scoped specifically to the decedent's primary residence and capped at $750,000. Content online claiming California has its own 'Affidavit of Heirship' governed by Probate Code § 13101 is citing the wrong statute — § 13101 actually governs California's unrelated personal-property Small Estate Affidavit.

Is this a court process or something I can just record with the county?

It's a court process. Unlike California's Affidavit re Real Property of Small Value (which is filed with the court but has no hearing), this petition involves a probate referee appraisal and a hearing, and results in a court order — it is not a document you sign, notarize, and record on your own.

Does this petition require a will?

No — it applies whether the decedent left a valid will (named beneficiaries are successors) or died intestate (heirs under California's intestate succession statutes are successors).

Does this cover any real property, or just a house the decedent lived in?

Just the decedent's primary residence — that's the actual scope of Probate Code §§ 13150-13158 and the current Judicial Council form (DE-310, titled 'Petition to Determine Succession to Primary Residence'). A rental property, vacant land, or other real property the decedent didn't live in doesn't qualify under this specific mechanism; if it's under the separate, much lower $69,625 cap, the Affidavit re Real Property of Small Value may apply instead, or full probate may be needed.

What if one heir won't cooperate?

The court's order establishes legal succession, but actually completing a sale or refinance afterward typically still requires every heir's cooperation in the transaction. A single uncooperative heir can still cause real delay even after the court has ruled — this is a family-cooperation issue the petition itself doesn't fully resolve.

Which California mechanism applies to my situation?

As a rule of thumb: a bank account or other personal property under $208,850 points to the Small Estate Affidavit, presented directly to the bank with no court involvement. A house or other real property under $69,625 gross value, at least 6 months after death, points to the Affidavit re Real Property of Small Value (DE-305) — filed with the court, then recorded with the county recorder. The decedent's primary residence specifically, up to $750,000 gross value, points to the Petition to Determine Succession to Primary Residence — a full court petition requiring a probate referee appraisal. Some estates (a non-primary-residence property over $69,625, or any estate over the applicable cap) qualify for neither and need full probate instead. This is informational only, not legal advice or a determination of which mechanism applies to your specific estate.

Does California have an 'Affidavit of Heirship' the way Texas does?

No — California has no standalone nonjudicial heirship-affidavit statute. Content online claiming otherwise typically cites Probate Code § 13101, which actually governs California's unrelated personal-property Small Estate Affidavit, not heirship. California's closest real equivalent is the court-filed Petition to Determine Succession to Primary Residence, a materially different, more formal process than Texas's walk-in recorded affidavit, and scoped specifically to a primary residence rather than real property generally.

Ready to start?

$37, one time. Instant download. Money-back if your filing is rejected for a reason traceable to following the kit, or for any other reason within 7 days.

No waiting room, no retainer. The 40-day wait after death is fixed, but most of the remaining delay families hit is an avoidable rejection or a second trip back to the same bank, DMV, or clerk — this kit is built to help you avoid both on the first visit.

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5 short, plain-English emails over the following weeks — the eligibility math, the petition to determine succession to primary residence presentation moment, why most rejections are paperwork not eligibility, and when to call an attorney instead. Then we stop. No ongoing newsletter, no sales list. Unsubscribe anytime.

Primary sources

State sources

Every claim here cites the actual statute or an official publication — see them

Statute: Probate Code §§ 13150-13158 . The primary source behind every requirement, cap, and deadline described above.
Official form: Official Petition to Determine Succession to Primary Residence form Judicial Council Form DE-310 [Rev. April 28, 2025], 'Petition to Determine Succession to Primary Residence.' Unlike Texas's Affidavit of Heirship (a walk-in, county-recorded nonjudicial affidavit), California has no dedicated 'affidavit of heirship' statute — the closest real instrument is this court-filed petition, which requires a probate referee appraisal and results in a court order, not a self-executing recorded affidavit. Scoped specifically to the decedent's primary residence, not real property generally.
State self-help resource: California Superior Court, Probate Division