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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: for deaths on or after April 1, 2025, heirs can 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.

For deaths on or after April 1, 2025, a primary residence worth up to $750,000 can pass by one court petition

For deaths on or after April 1, 2025, the succession 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 probate referee appointed by the State Controller, whom you select for the county, appraises the home to confirm it's within the limit, and there's one court hearing. For deaths before April 1, 2025, the lower earlier limits apply. But it's far lighter, faster, and cheaper than opening a formal probate.

The new limit helps families whose home was titled in the decedent's name alone

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 (deaths on or after April 1, 2025). 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.

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Frequently asked

What did California's AB 2016 change?
For deaths on or after April 1, 2025, AB 2016 raised the value limit for the succession 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 Primary Residence, Judicial Council Form DE-310 (Probate Code §13151). It requires an appraisal by a probate referee — one you select from those appointed by the State Controller — 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. If all of the decedent's California real property together is worth $69,625 or less (deaths on or after April 1, 2025), a different affidavit (DE-305) can be used, and higher-value or non-qualifying property may still need full probate. The screener shows which routes match your answers so you can decide.

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

Not sure which path is yours?

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

See Which Path You Need
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