How you transfer a house after someone dies in California depends almost entirely on one thing: how the home is titled. Titling — not the will — drives the path.
The good news: most homes transfer through a summary path that's far cheaper and faster than full probate. Some don't even require a court at all. This guide walks through each way a home can be held and what each one takes.
This is an educational guide prepared by a Legal Document Assistant. It is not legal advice, and ProbateClear is not a law firm.
Check the deed firstThe fastest way to find your path is to read the most recent recorded deed. It states how title is held — "as joint tenants," "as community property with right of survivorship," in the name of a trust, and so on. The County Recorder where the property sits has a copy. And note: a will does not by itself transfer the house or avoid probate — titling and value control.
Start with how the home is titled
Find your situation below. Each one points to a specific form or process.
1. Held in joint tenancy
If the deed says the home is held by two or more people "as joint tenants," the property passes automatically to the surviving joint tenant when one owner dies. There is no court.
To clear the deceased owner off title, the survivor records an Affidavit of Death of Joint Tenant plus a certified death certificate and a Preliminary Change of Ownership Report (PCOR) with the County Recorder where the property sits.
2. Community property with right of survivorship
If a married couple holds the home "as community property with right of survivorship," it works like joint tenancy: the home passes to the surviving spouse automatically, with no court.
The surviving spouse records an Affidavit of Death of Spouse, a certified death certificate, and a PCOR with the County Recorder.
3. Community property without survivorship, passing to the spouse
If the home is community property without a right-of-survivorship designation and it passes to the surviving spouse, the path is a court one: the Spousal Property Petition, Form DE-221.
This is a streamlined petition — typically one hearing — that confirms the property belongs to the surviving spouse. It's far lighter than full probate, but it does go through the court.
4. A transfer-on-death (TOD) deed is already on file
If the decedent recorded a transfer-on-death deed during their lifetime, the named beneficiary simply records an affidavit of death plus a certified death certificate to perfect title. No court.
5. The house is in a living trust
If the home was transferred into a living trust, it transfers through trust administration — no court. The successor trustee deeds the home to the beneficiaries and serves the required §16061.7 notice to heirs and beneficiaries within 60 days of the death.
6. Held in the decedent's name alone
If the home is in the decedent's name only — no joint tenancy, no survivorship, no TOD deed, no trust — the path depends on value.
- Primary residence worth up to $750,000 (for deaths in 2025 or later) → the Succession to Real Property petition, Form DE-310 (Prob. §13151). It requires a probate-referee appraisal and one court hearing.
- A low-value parcel worth $69,625 or less → the §13200 affidavit, Form DE-305. It has a 6-month wait from the date of death, is filed with the court clerk, and has no hearing.
- Above those limits → full formal probate, which typically takes 9 to 18 months and carries statutory fees (Prob. §10810) paid to both the attorney and the executor.
Recording always needs a PCORRecording any deed or affidavit with the County Recorder generally requires a Preliminary Change of Ownership Report (PCOR). Using the right exclusion — a parent-child or spousal exclusion — may avoid a property-tax reassessment. Proposition 19 limits which transfers qualify, so this is worth getting right; your LDA advises on which exclusion applies.
The quick version
| How the home is titled | Path | Court? |
|---|---|---|
| Joint tenancy | Affidavit of Death of Joint Tenant | No |
| Community property with survivorship | Affidavit of Death of Spouse | No |
| Community property without survivorship, to spouse | Spousal Property Petition (DE-221) | Yes — usually one hearing |
| TOD deed on file | Beneficiary records affidavit of death | No |
| In a living trust | Trust administration | No |
| Name alone — primary residence up to $750,000 | Succession to Real Property (DE-310) | Yes — one hearing |
| Name alone — parcel $69,625 or less | §13200 affidavit (DE-305) | No hearing (clerk-filed) |
| Name alone — above the limits | Full formal probate | Yes |
Not sure which path is yours?
Answer a few questions about the estate — it takes about 2 minutes.
You don't have to figure out the path yourself
You can do this yourself — the forms are public. But the most common mistakes are quiet and costly: the wrong form, a missed PCOR, or the wrong reassessment exclusion that triggers a new property-tax bill.
Our 2-minute screener identifies your path from how the home is held, so you know whether you're looking at a same-day affidavit, a single-hearing petition, or full probate. From there, a licensed Legal Document Assistant prepares and files the correct path for one flat fee.
Not sure which path is yours? The screener will tell you. You can also read Do I need probate in California? for the bigger picture.