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Guide · California Probate

Reclaim a Home Under California's New $750K Succession Law

A short video on California's AB 2016 succession law: heirs can now transfer a primary residence worth up to $750,000 without full probate — through one streamlined court petition.

For years, transferring a deceased parent's home meant full probate — often 9 to 18 months and tens of thousands of dollars in statutory fees. California's AB 2016 changed that for many families.

This is an educational guide prepared by a Legal Document Assistant. It is not legal advice, and ProbateClear is not a law firm.

What changed

For deaths in 2025 or later, the succession-to-real-property petition now reaches a primary residence worth up to $750,000. Instead of a full probate administration, heirs can use a single streamlined court petition — Form DE-310 (Probate Code §13151) — to transfer the family home.

The process still has real steps: a court-appointed probate referee appraises the home to confirm it's within the limit, and there's one court hearing. But it's far lighter, faster, and cheaper than opening a formal probate.

Who this helps

This is a genuine opportunity for families where the home was titled in the decedent's name alone — no joint tenancy, no survivorship, no trust, no transfer-on-death deed — and is worth up to $750,000. If that's you, you may be able to skip full probate entirely.

The fastest way to find out whether your home qualifies is to answer a few questions about how it's titled and what it's worth.

Not sure which path is yours?

Answer a few questions about the estate — it takes about 2 minutes.

See If You Qualify →

Frequently asked

What did California's AB 2016 change?
For deaths in 2025 or later, AB 2016 raised the value limit for the succession-to-real-property petition so a primary residence worth up to $750,000 can be transferred without a full probate administration — through one streamlined court petition instead of months of formal probate.
Which form is used?
The Petition to Determine Succession to Real Property, Judicial Council Form DE-310 (Probate Code §13151). It requires a probate-referee appraisal to confirm the home is within the limit, and a single court hearing.
Does the home have to be a primary residence?
The $750,000 threshold applies to a decedent's primary residence. Other real property of small value (up to $69,625) uses a different affidavit (DE-305), and higher-value or non-qualifying property may still need full probate. The screener routes you to the right path.

Not sure which path is yours?

Answer a few questions about the estate — it takes about 2 minutes.

See If You Qualify →