Petition to Determine Succession to Primary Residence vs. Full Probate in California: Which Applies?
Petition to Determine Succession to Primary Residence is a narrower, faster alternative to full probate in California — available only when the estate meets Probate Code §§ 13150-13158's conditions (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))). Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
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What makes Petition to Determine Succession to Primary Residence different from full probate
Petition to Determine Succession to Primary Residence is a narrower, faster alternative to full probate in California — available only when the estate meets Probate Code §§ 13150-13158's specific conditions (non-exempt property 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))). Full probate has no such ceiling and no comparable shortcut; it's the default process every estate falls back into once it doesn't meet a narrower mechanism's conditions.
When an estate is pushed into full probate instead
- The estate exceeds the $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)) cap. Even one dollar over the statutory line under Probate Code §§ 13150-13158 disqualifies petition to determine succession to primary residence entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- 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.
- 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.
Why it's worth checking first: full probate is slower and typically far more expensive than petition to determine succession to primary residence — a probate attorney typically charges $1,500–$4,200+ for the more limited process this kit covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Petition to Determine Succession to Primary Residence in California.
Once you know which path applies, here's the next snag
Whichever mechanism fits, presenting it to the asset holder is where families lose time. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.