On April 1, 2025, California raised the maximum value on a Petition to Determine Succession to Primary Residence, now covering homes up to $750,000.00.  Thanks to Assembly Bill 2016 (AB 2016), survivors now have a faster, simpler, and cheaper way to transfer a decedent's primary residence without going through a full probate.  If you've recently lost a loved one in California and they owned a home, this change could be a glimmer of hope. 

What Changed?

Starting April 1, 2025, a decedent's primary residence valued at $750,000 or less can pass to a successor without a full probate.  

That's a huge increase from the previous cap of just $184,500, which applied from 2022 to 2025. This change will keep a lot more estates out of purgatory, I mean probate, especially when the decedent died owning a home.

Why This Matters

Probate is slow, expensive, and stressful. While having a revocable living trust is still the gold standard in California estate planning, many people either don't set one up or fail to fund it properly. If that sounds like your loved one, don't worry—this new law offers a lifeline.  That means that many properties throughout Riverside, San Bernardino, Orange, Los Angeles, and San Diego Counties will be able to pass on to loved ones with a lot less cost. 

How to Bring a Petition to Determine Succession to Primary Residence

To use this process, you'll need to follow a few steps:

1. Get the Property Appraised by a Probate Referee
   Start by identifying the probate referee for the county where the decedent lived (or where the property is located, if they lived out of state). You'll submit Judicial Council Forms DE-160 and DE-161, with details about the property. The referee will provide an official date-of-death appraisal.  Note: The probate referee will charge 1% of the value plus mileage, and be sure to pay the probate referee promptly or else the court might not approve your petition. 
   
   (Also, the law requires you to wait at least 40 days after the date of death before filing the petition. In reality, the appraisal process usually takes longer than that anyway.)

2. Complete and File California Judicial Council Form DE-310
   This is the Petition to Determine Succession to Primary Residence, and the form was recently updated on April 28, 2025, to reflect the new $750,000 limit. It asks for:

   • Basic info about the decedent and date of death

   • Whether the decedent had a will or died intestate

   • Who the closest surviving relatives are

   • The appraised value of the property

   • The property's address and legal description

   • Whether a probate is already open or if a trust is involved

3. Notify Interested Parties
   Once filed, the Court will give you a hearing date.  As the petitioner, you will need to notify anyone named in the decedent's will (if there is one) and any other interested parties. This is the court's way of making sure nobody is unfairly left out or defrauded.

4. File the Proposed Order
   In many counties in Southern California, like Riverside, San Bernardino, and San Diego, the Court's local rules require that you file a proposed order before your hearing date.  In others, like Los Angeles County, the Court will reject your order if received before the hearing.  (And even more mind-boggling, in Orange County, it will depend on the type of petition).  Still, prep your proposed order, Judicial Council Form DE-315, and search your Court's local rules to find out when you need to file. 

5. Check Your Probate Notes
   Probate notes are the Court giving you the cheat codes to how to get your petition approved.  The probate examiners will look over all of your filings and tell you what (if anything) you still need to do.  Different counties release their probate notes at different times, but it is worth your while to bookmark your county's probate notes page and check regularly, at least daily for the two weeks before your hearing!

6. Appear at the Hearing
   It's the big day.  If you've jumped through all of the Court's hoops, the judge will hopefully just state that your matter is on the recommended for approval list (RFA) and get you on your way.  Otherwise, the judge may ask you some questions, so be physically present if possible, or have a good internet connection, camera, and microphone if not (and dress for a courtroom!).  In a lot of the major counties in Southern California, especially Orange County, the judge will NOT clear notes from the bench.  Again, go back to step 5 daily as your hearing approaches. 

7. Record the Signed Order
   Once you've gotten your signed order, grab a copy certified by the clerk and take it to the recorder's office.  The Judicial Council Form DE-315 is specifically designed to be recorded, intentionally leaving room for the recorder's stamp on the top right.  Once recorded, the house is now fully owned by the successors, and the world is on notice.  Hurray!

The Bottom Line

While this new process still involves a court filing, it's dramatically simpler and cheaper than full probate. For California families grieving the loss of a loved one, AB 2016 is a welcome change that can ease the burden and get property transferred more efficiently.

If you're dealing with the estate of a loved one who passed away on or after April 1, 2025, and their home would otherwise go through probate, this could be your solution.

Need help figuring this out? The attorneys at Finlay Law Group, APC can help guide you through this process. Contact our office to find out whether you qualify and how we can make this easier for you.

Disclaimer: The above information is intended for information purposes alone and is not intended as legal advice. Please consult with counsel before taking any steps in reliance on any of the information contained herein.