California’s 2025 Probate Law Change: Using a Petition to Determine Succession to a Primary Residence
When someone dies owning a home in California that was not held in a trust, many families assume that a full probate proceeding is inevitable. Beginning in 2025, however, California significantly expanded a procedure that may allow certain heirs and beneficiaries to transfer a deceased person’s home without going through a full probate administration.
The procedure is commonly known as a Petition to Determine Succession to Real Property. Under the law that became effective April 1, 2025, the procedure is now specifically focused on a decedent’s primary residence and may be available when that residence has a gross value of up to $750,000.
For some California families, this change can substantially simplify the process of transferring a home after a loved one dies.
What Is a Petition to Determine Succession to Real Property?
A Petition to Determine Succession is a streamlined court proceeding that allows a person who is entitled to inherit real property to ask the probate court for an order confirming that the property passes to that person.
Unlike a traditional probate administration, the court generally does not need to appoint an executor or administrator and issue Letters Testamentary or Letters of Administration before the property can be transferred.
Instead, the successor files a petition asking the court to determine that he or she is legally entitled to the property.
The current Judicial Council form is called the Petition to Determine Succession to Primary Residence (Form DE-310).
If the court approves the petition, it can issue an order establishing the successor's ownership interest in the residence.
The Major Change That Took Effect in 2025
California Assembly Bill 2016 dramatically changed the rules for this procedure.
Before April 1, 2025, the maximum value of real property that generally qualified for a Petition to Determine Succession was $184,500 for someone who died between April 1, 2022 and March 31, 2025.
For deaths occurring on or after April 1, 2025, the limit increased to:
$750,000.
That is a substantial increase and means that many homes that previously would have required a traditional probate may now qualify for this abbreviated procedure.
However, the Legislature also added an important limitation.
The $750,000 Rule Applies to a Primary Residence
The new $750,000 limit does not apply to every piece of California real estate owned by a deceased person.
Under Probate Code section 13151, the real property must have been the decedent's primary residence in California.
This distinction is important.
For example, the procedure may potentially be available for:
A house where the decedent primarily lived;
A condominium that served as the decedent's primary residence; or
Another qualifying California residence valued at $750,000 or less.
The expanded $750,000 procedure generally is not intended simply as a way to transfer an investment property, vacation property, or other real estate that was not the decedent's primary residence.
Interestingly, the statute specifies that a "primary residence" is not necessarily limited to the home in which the person was living on the exact date of death. That provision may be important when, for example, someone moved from the home because of age, illness, or other circumstances before passing away.
Whether a particular property qualifies should be evaluated based upon the specific facts.
When Can the Petition Be Filed?
At least 40 days must have passed since the decedent's death before the petition can be filed under Probate Code section 13151.
Generally, one of the following must also be true:
No California probate administration is pending or has been conducted for the estate; or
If a probate administration has been opened, the personal representative must consent in writing to use this procedure.
How Is the $750,000 Value Determined?
The statute looks at the gross value of the qualifying real property.
The petition must include an Inventory and Appraisal, and the residence must be appraised by a California probate referee.
This is an important distinction because the law is concerned with the property's gross value—not simply how much equity the deceased person had.
For example, suppose a residence is worth $900,000 but has a $500,000 mortgage.
The owner's equity may only be approximately $400,000, but the gross value of the home is still $900,000. The property therefore would not qualify for the $750,000 procedure based merely upon the owner's equity.
Who Can File the Petition?
The petition is generally filed by a successor of the decedent—the person or persons legally entitled to receive the property.
That may include:
A beneficiary named in the decedent's will; or
An heir who inherits under California intestate succession law when there is no will.
The petition must identify the decedent's heirs and beneficiaries and explain why the petitioner is entitled to receive the property. If the claim is based upon a will, a copy of the will must generally be attached to the petition.
Notice Must Be Given to Heirs and Beneficiaries
AB 2016 also added a specific notice requirement.
A person filing the petition must provide notice of the petition to each heir and devisee identified in the petition within five business days after the petition is filed.
This gives other interested parties an opportunity to learn about the proceeding and, if appropriate, object to the requested transfer.
What Happens If the Court Approves the Petition?
If the statutory requirements are satisfied, the probate court may issue an order determining that the residence passes to the petitioner or petitioners.
The order identifies the property and the ownership interest that each petitioner receives.
The appropriate documents can then be recorded with the county recorder to establish the successor's ownership of the real property.
This can eliminate many of the additional steps associated with administering a full probate estate.
An Example
Assume a mother dies in 2026 owning a California home in her individual name.
The home:
Was her primary residence;
Is appraised by the probate referee at $650,000;
Was not owned in a living trust; and
Passes equally to her two children under her will.
Because she died after April 1, 2025 and the primary residence is worth less than $750,000, her children may be able to file a Petition to Determine Succession to Primary Residence rather than opening a full probate administration.
If the court grants the petition, the resulting court order can establish the children's ownership of the home.
What About the Rest of the Estate?
Another important part of the 2025 law is that the primary residence transferred through this petition is treated separately from property handled under California's small-estate affidavit procedure.
For deaths on or after April 1, 2025, California's general small-estate limit for qualifying personal property increased to $208,850. The Legislature amended Probate Code section 13100 so that property included in a Petition to Determine Succession under section 13151 is excluded when applying that procedure.
As a result, it may sometimes be possible to use:
The Petition to Determine Succession for a qualifying primary residence worth up to $750,000; and
A separate small-estate procedure for qualifying personal property.
The rules governing exactly which assets are counted or excluded can be complicated, so each estate should be reviewed individually.
This Is Still a Court Proceeding
It is sometimes described as a way to "avoid probate," but that description can be misleading.
A Petition to Determine Succession still involves the probate court.
A petition must be prepared and filed, the property must be appraised, interested parties must receive notice, and the court must ultimately issue an order transferring the property.
The important difference is that the estate may avoid the considerably more extensive process of a full probate administration, which can involve appointing a personal representative, obtaining Letters, creditor procedures, estate administration, accountings, and ultimately a petition for final distribution.
Why Did California Change the Law?
The previous $184,500 limit meant that relatively few California homes qualified for the procedure, particularly given California real estate values.
AB 2016 increased the limit for a qualifying primary residence to $750,000 while narrowing the procedure specifically to a decedent's primary residence. The legislation applies the $750,000 limit to qualifying decedents who die between April 1, 2025 and March 31, 2028, after which the amount is subject to California's statutory adjustment process.
The change therefore creates a potentially valuable option for families inheriting modestly valued California homes.
Does This Mean a Living Trust Is No Longer Necessary?
No.
The new law may make transferring certain homes easier, but it does not provide all of the benefits of a properly funded revocable living trust.
Among other things, a trust can allow assets to pass without requiring this type of probate court petition at all and can provide instructions for managing assets during incapacity and after death.
Additionally, many California residences exceed the $750,000 limit, and the new procedure applies only to qualifying primary residences.
A comprehensive estate plan therefore remains an important tool for families who want to determine how their property will be managed and transferred.
The Bottom Line
California's 2025 probate law created a significant new opportunity for some families.
For a person who dies on or after April 1, 2025, a California primary residence with a gross value of $750,000 or less may potentially be transferred through a Petition to Determine Succession to Primary Residence rather than through a full probate administration.
Whether the procedure is available depends on the value and character of the property, the date of death, how title was held, the decedent's estate plan, and who is legally entitled to inherit.
If a loved one has died owning California real estate, an experienced probate attorney can review the estate and determine whether a Petition to Determine Succession, another simplified transfer procedure, or a full probate administration is appropriate.
This article is for general informational purposes only and does not constitute legal advice. Probate laws and dollar thresholds may change, and the appropriate procedure depends upon the facts of each estate.