How to File Petition to Determine Succession to Primary Residence in California: Step by Step
To file Petition to Determine Succession to Primary Residence in California, you complete the official form under Probate Code §§ 13150-13158, after the 40-day waiting period following death has passed. Below is the step-by-step walkthrough. This is informational only and is not legal advice; we explain how to use the state's own form — we do not draft it for you.
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Filing Petition to Determine Succession to Primary Residence in California means completing the official form under Probate Code §§ 13150-13158, after the 40-day waiting period following death has passed. Here is the full sequence, with the statutory fact behind each step.
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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.
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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.
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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.
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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 →
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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.
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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.
The step families get stuck on is presenting the completed filing to a bank, DMV, or title company — see also how long the whole process actually takes once the waiting period passes.
Get the official California form
Download the state's own fill-in instrument directly — never a third-party paywalled copy: 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.
The step that isn't really paperwork
Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.