California Form DE-310, Petition to Determine Succession: Filing and DE-315 Order

California Form DE-310, the Petition to Determine Succession to Primary Residence, is the court filing that transfers a deceased person’s home to the rightful heirs without opening a full probate case. For anyone who died on or after April 1, 2025, the home qualifies if its gross value at the date of death was $750,000 or less.¹ File it in Superior Court under Probate Code sections 13150 through 13158, and if the judge signs the order (Form DE-315), that order replaces a full probate for the property.

Whether You Qualify to Use DE-310

Only a “successor of the decedent” under Probate Code section 13006 can file. You are either named in the will as taking the property, or you are an heir entitled to it under California’s intestacy rules. The property has to have been the decedent’s primary California residence. Rentals, vacation homes, and vacant lots do not qualify.²

Two timing rules govern when you can file. At least 40 days must have passed since the death.³ And either no California probate case has been opened for the estate, or, if one has, the personal representative has given written consent to use this simplified procedure, attached to the petition.⁴

The value cap depends on when the decedent died:

Before April 1, 2022: $166,250
April 1, 2022 through March 31, 2025: $184,500
April 1, 2025 through March 31, 2028: $750,000

These limits adjust every three years.¹ The number that matters is the gross fair market value on the date of death, not today’s market price and not the equity after subtracting the mortgage.

What to Gather Before You Start

Missing paperwork is the fastest way to get the petition kicked back. Pull all of this together first:

A certified death certificate, from the county vital records office or the California Department of Public Health.
An Inventory and Appraisal (Forms DE-160 and DE-161) prepared by a probate referee for the county where the property sits. You pick the referee from the State Controller’s list. The statutory fee is one-tenth of one percent of the appraised value, minimum $75 and maximum $10,000.²⁵
Form DE-300 (Maximum Values for Small Estate). For any death on or after April 1, 2022, this worksheet must be attached.⁶
A copy of the will, if there is one. Without a will, you check the intestate box on the form.⁴
The full legal description of the property and its Assessor’s Parcel Number. The street address alone will not do. Pull the legal description from the most recent deed (lot, block, tract) and the APN from a property tax bill.
The personal representative’s written consent, if a California probate is already pending or completed.
Names, ages, current addresses, and relationships for every heir, devisee, named executor, and any guardian or conservator of the decedent’s estate at the time of death.²

Filling Out DE-310 Item by Item

Download the current form from courts.ca.gov, or pick it up at any Superior Court clerk’s office. The items that trip people up most often:

Item 1. List every person claiming an interest. If two siblings inherit together, both are named here and both sign at the end.

Item 3. State that at least 40 days have passed since the death. File a day too early and the court will reject the petition.

Item 5. Check whether the decedent died with or without a will. If there is a will, attach a copy.

Item 6. Check whether any California probate proceeding exists. If one does, attach the personal representative’s consent.

Item 8. Check the box matching the decedent’s date of death and enter the appraised gross value from the Inventory and Appraisal. For a 2026 death, that is the $750,000 box.⁴

Item 11. Prepare an attachment with the full legal description, the APN, and facts showing the property was the decedent’s primary California residence. If you are claiming under intestacy (sections 6401 and 6402), state whether the property was community, separate, or quasi-community property.⁴ Judges scrutinize this attachment; a vague legal description will hold everything up.

Item 14. List every heir, devisee, named executor, and any guardian or conservator, with names, relationships, ages, and addresses so far as you know them.

Signature block. Every petitioner named in Item 1 must sign under penalty of perjury.⁴ A person who refuses to sign cannot be included on the petition.

Filing and Giving Notice

File the completed DE-310 with all attachments at the Superior Court in the county where the decedent lived. If the decedent lived outside California but owned the home here, file where the property is located. The probate petition filing fee is typically $435, plus any local surcharges.⁷ If the estate has funds, they can reimburse you.

The clerk sets a hearing date. You then have to notify every person listed in the petition using Form DE-120 (Notice of Hearing — Decedent’s Estate or Trust). Probate Code section 13153 requires notice to each person named under section 13152.⁸ Mail or personally deliver the notice at least 15 days before the hearing, then file proof of service before the hearing date. Miss that window and the judge will continue the hearing.

The Hearing and the DE-315 Order

At the hearing, the judge reviews the petition, the Inventory and Appraisal, the death certificate, and proof of service. The court is checking three things: that the appraised value is within the threshold, that the property was the decedent’s primary residence, and that every interested party got notice. If an heir or creditor objects, the judge can continue or deny the petition.

When everything lines up, the judge signs Form DE-315 (Order Determining Succession to Primary Residence) under Probate Code section 13154.⁹ The order identifies the property and names each petitioner’s interest. Once final, it is conclusive on all persons.¹⁰

Recording the Order to Change Title

A signed DE-315 sitting in the court file does not change title. Ask the clerk for a certified copy (there is a per-page certification fee) and record it with the County Recorder in the county where the property is located. Recording fees vary by county but generally run between $15 and $50 for a short document.

When you record, include a statement that the conveyance is a court-ordered transfer not pursuant to a sale, which exempts you from the documentary transfer tax under Revenue and Taxation Code section 11911.¹¹ After recording, the land records reflect the new ownership, and you can sell, refinance, or insure the property.

Debts, Mortgage, and Taxes You Should Know About

Taking property through DE-310 does not wipe out the decedent’s unpaid bills. Under Probate Code section 13156, each petitioner who receives property is personally liable for the decedent’s unsecured debts, capped at the fair market value of what you received (as of the date of death) minus liens and encumbrances.¹² A $500,000 home with a $350,000 mortgage exposes you to unsecured creditors up to $150,000. You can raise any defense the decedent could have raised, and claims already time-barred under the general probate creditor rules cannot be revived against you.

If the home carries a mortgage, the Garn-St. Germain Act bars residential lenders (properties of fewer than five units) from calling the loan due when the property passes to a relative because the borrower died.¹³ You can keep making payments under the original terms. That protection does not extend to transfers to a non-relative, an LLC, or a corporation, and it does not cover commercial buildings or five-plus unit properties.

On the tax side, inherited property gets a step-up in basis to fair market value on the date of death under Internal Revenue Code section 1014.¹⁴ Buy for $150,000, worth $500,000 at death: your basis is $500,000, so a quick sale generates little or no capital gains tax. Because California is a community property state, a surviving spouse may receive a step-up on the entire home rather than just the decedent’s half, if the property was community property. Federal estate tax is not a practical concern at this dollar range; the 2026 exemption is approximately $15 million per individual, and Form 706 is only required if the decedent’s total gross estate nationwide exceeds that.

1
California Courts. Check If You Can Use a Simple Process to Transfer Property
2
California Legislative Information. California Probate Code PROB 13152
3
Judicial Council of California. Invitation to Comment W25-10
4
Judicial Council of California. DE-310 Petition to Determine Succession to Primary Residence
5
Justia Law. California Probate Code 8960-8964 – Commission and Expenses of Probate Referee
6
Judicial Council of California. DE-300 Maximum Values for Small Estate Set-Aside and Disposition Without Administration
7
California Courts. If You Need Formal Probate – Section: Open a Case
8
California Legislative Information. California Probate Code 13153
9
California Legislative Information. California Probate Code PROB 13154
10
California Legislative Information. California Probate Code PROB 13155
11
Los Angeles County Registrar-Recorder/County Clerk. Notice of Exempt Transactions Under the Documentary Transfer Tax
12
California Legislative Information. California Probate Code PROB 13156
13
Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions
14
Office of the Law Revision Counsel. 26 USC 1014 – Basis of Property Acquired From a Decedent