A house or land without probate in California

A short court case that gives the people who inherit the person's main home in California a court order saying the home is theirs, without full probate.

Limit

Up to $750,000 (deaths from April 1, 2025 to March 31, 2028) Counted at full value, without subtracting debts.

Date of death	Limit
April 1, 2025 to March 31, 2028	$750,000
April 1, 2022 to March 31, 2025	$184,500
On or before March 31, 2022	$166,250

For a death from April 1, 2025, through March 31, 2028, the home can be worth up to $750,000. The limit was $184,500 for deaths from April 1, 2022, to March 31, 2025, and $166,250 before April 1, 2022. 'Primary residence' does not have to be where the person lived at the time of death.

What counts

Only the gross value of the person's interest in the home that was their primary residence in California, as shown by a probate referee's appraisal. A home included in this petition is not counted toward the $208,850 affidavit limit.

Waiting period

At least 40 days must have passed since the death.

Who can use it

The person or people who inherit the home under the will or under state inheritance law (the successors). A personal representative's written consent is needed if a probate case exists.

Court or where to file

Superior court of the county where the person lived. If the person did not live in California, the county where the home is.

Notary

The petition is verified (signed under penalty of perjury) by each petitioner.

Papers to attach

• Inventory and appraisal of the home (forms DE-160 and DE-161) made by a probate referee for the county
• Copy of the will, if you inherit under the will
• Personal representative's consent, if a probate case exists
• Form DE-300, if the death was on or after April 1, 2022
• Attachment with the legal description, Assessor's Parcel Number and facts showing the home was the person's primary residence

Steps

1. Wait until at least 40 days after the death.
2. Have a probate referee appraise the home.
3. Fill in form DE-310 and attachments and file it with the superior court.
4. Within five business days of filing, deliver notice of the petition to each heir and beneficiary named in it.
5. Give notice of the hearing to the people named in the petition.
6. Go to the hearing; if the judge grants it, the court issues an order describing the home and who owns it.

Fee

$435 filing fee: the $355 uniform probate petition fee plus two $40 supplemental fees. The probate referee is paid one-tenth of one percent of the appraised value, plus expenses.

If you can't pay

You can ask the court to waive the filing fee with form FW-001 (Request to Waive Court Fees).

Debts and responsibility

A petitioner who receives the home is personally responsible for the person's unsecured debts, up to the home's value at the date of death minus liens.

Forms

• DE-310 Petition to Determine Succession to Primary Residence (Rev. April 28, 2025)
• DE-160 Inventory and Appraisal
• DE-300 Maximum Values

Law: Cal. Prob. Code secs. 13150-13158; Gov. Code secs. 70655(c)(2), 70602.5(a), 70602.6(a); Prob. Code sec. 8961

Source: Official page

A sworn statement filed with the court and then recorded with the county recorder, to transfer low-value real estate to the people who inherit it.

Limit

Up to $69,625 (deaths on or after April 1, 2025) Counted at full value, without subtracting debts.

Date of death	Limit
On or after April 1, 2025	$69,625
April 1, 2022 to March 31, 2025	$61,500
On or before March 31, 2022	$55,425

For a death on or after April 1, 2025, all the person's California real property together cannot be worth more than $69,625. The limit was $61,500 for deaths from April 1, 2022, to March 31, 2025, and $55,425 before April 1, 2022.

What counts

The gross value of all the person's real property in California, as shown by a probate referee's appraisal, not counting real property listed in Probate Code 13050 (such as joint tenancy or trust property).

Waiting period

At least six months must have passed since the death.

Who can use it

The person or people who inherit the real property under the will or under state inheritance law.

Court or where to file

Superior court of the county where the person lived. If the person did not live in California, any county where they owned real property. The court's certified copy is then recorded with the county recorder where the property is.

Notary

Each person signing must have a notary's certificate of acknowledgment.

Papers to attach

• Certified copy of the death certificate
• Inventory and appraisal (forms DE-160 and DE-161) made by a probate referee
• Copy of the will, if you inherit under the will
• Form DE-300, if the death was on or after April 1, 2022
• Legal description and Assessor's Parcel Number of the property
• Personal representative's consent and letters, if a probate case exists

Steps

1. Wait until at least six months after the death.
2. Pay the person's funeral costs, last-illness costs and all known unsecured debts.
3. Have a probate referee appraise the real property.
4. Fill in form DE-305, sign it before a notary, and file it with the superior court with the attachments.
5. Deliver a copy to any guardian or conservator of the person's estate named in the affidavit.
6. Record the court's certified copy with the county recorder where the property is.

Fee

$45 to file the affidavit, which includes one certified copy. The county recorder charges its own recording fee. The probate referee is paid one-tenth of one percent of the appraised value, plus expenses.

If you can't pay

You can ask the court to waive the filing fee with form FW-001 (Request to Waive Court Fees).

Debts and responsibility

You may be personally responsible for the person's unsecured debts up to the fair market value of the real property and any income you receive from it.

Forms

• DE-305 Affidavit re Real Property of Small Value (Rev. January 1, 2026)
• DE-160 Inventory and Appraisal
• DE-300 Maximum Values

Law: Cal. Prob. Code secs. 13200-13211; Gov. Code sec. 70626(b)(8)

Source: Official page