How Do You Transfer a California Primary Residence With a DE-310 Petition?

The primary-residence petition in one table

The dollar limits (primary residence, Probate Code section 13152(f))

The limit is set by Judicial Council form DE-300, revised April 28, 2025, and the California Courts simple-transfer limits table. The next adjustment is April 1, 2028, unless a new law changes it earlier.

The two notice duties, as the statute states them

Section 13151(b) requires a successor who files a petition to deliver a notice of the petition to each heir and devisee named in the petition, as listed under section 13152(a)(7), within five business days of filing the petition. Separately, section 13153 requires notice of the hearing to be given as provided in section 1220 to each person named in the petition under section 13152. These are two different duties: notice of the petition, and notice of the hearing. The Sacramento County Public Law Library guide describes serving the petition plus the DE-120 notice within 5 court days of filing and at least 15 days before the hearing; that is the county guide's statement of practice, not the statute text quoted here.

Who signs, and who must be listed

The petition must be verified by each petitioner. Section 13152 requires listing all heirs and devisees, the executors named in the will, and, where applicable, the persons interested in a trust. The statute does not require unanimous consent of all heirs. Each petitioner signs and verifies; every heir and devisee is listed and given notice, and an opposing person may offer evidence, for example that the value exceeds the limit. The court may make the order only if it finds the value within the limit, at least 40 days elapsed, the no-proceeding or consent gate satisfied, and the property passing to the petitioner.

The consequence the guides state

Using the petition makes the petitioner personally liable for the decedent's unsecured debts, up to the fair market value of the property received less liens and encumbrances, under section 13156. The Sacramento guide states the same consequence in plain terms: the petitioner answers for unsecured debt up to their share of the home's equity, and creditors may sue up to a year after the death. This is stated as a consequence of the procedure, not as advice about whether to use it.

The process, step by step

1. Check the deed, transfer-on-death deed, joint tenancy, and trust first. The court procedure may be avoidable entirely.
2. Look for a will. The Sacramento guide states to file it within 30 days of death or of finding it, whichever is later. No automatic penalty is stated.
3. Figure out who inherits and coordinate among successors. A successor may waive by letter or quitclaim deed, per the Sacramento guide.
4. Obtain a probate-referee appraisal on DE-160 and DE-161. Choose any county-appointed referee before filing.
5. Complete form DE-310, revised April 28, 2025, with the appraisal as Attachment 8, the legal description, Assessor's Parcel Number, main-home statement, and property character as Attachment 11, each petitioner's share as Attachment 13, other claimants, executors, trust interests, and guardians or conservators as Attachments 14 to 17, the will copy, and any personal-representative consent. Attach the DE-300 adjusted-amounts list in effect on the date of death for deaths on or after April 1, 2022.
6. File DE-310 after 40 days have passed, in the county where the decedent lived at death, or where the decedent owned property if not a California resident.
7. Give both notices as the statute requires. Deliver notice of the petition to each heir and devisee named in the petition within five business days of filing, under section 13151(b). Give notice of the hearing as provided in section 1220, under section 13153.
8. Check probate calendar notes about 2 weeks before the hearing, attend the hearing, then obtain a certified copy of the signed DE-315 order, record it at the County Recorder where the property is located, and complete the assessor filings the applicable county requires. The Sacramento guide names filing the BOE-502-D change in ownership statement with the County Assessor within 150 days of death or with the inventory and appraisal, whichever is sooner, and filing the PCOR after the order; those are the county guide's steps, labeled as such.

The other two small-estate procedures

Personal property uses the give-to-the-holder affidavit: see California Small Estate Affidavit for Personal Property. One item of real property of small value uses the court-filed affidavit: see California Real Property of Small Value Affidavit, Form DE-305. Use only form DE-310 revised April 28, 2025, plus DE-315 and DE-300 revised April 28, 2025; earlier DE-310 revisions are superseded.

What this guide does not state

No filing-fee figure is stated; secondary $435 and $450 figures are not carried. The probate referee fee is not stated. The content of section 1220 is not quoted here; only the section 13153 cross-reference to it is stated. County-local assessor steps are labeled as the Sacramento guide's steps, not as statewide procedure.

Source

• Judicial Council Form DE-300, Rev. April 28, 2025
• California Courts Self-Help Guide, When formal probate may not be needed
• Judicial Council Form DE-310, Rev. April 28, 2025, Riverside Superior Court packet
• Sacramento County Public Law Library, Petition to Determine Succession to Primary Residence
• California Probate Code, Division 8, Part 1, Chapter 4, sections 13150 to 13157

Facts verified 2026-10-29.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For advice about a specific estate, talk to a California probate attorney or the court self-help center.