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DE-310Mandatory

Petition to Determine Succession to Primary Residence

California · Judicial Council of California · Effective April 28, 2025

This form is a request to the court to decide who should receive a deceased person's main home without going through a full probate process. It requires the person filing to swear that the total value of the estate property is $166,250 or less.

The court describes it as: Make a sworn statement to the court that the value of all the property in California in a deceased person’s estate is $166,250 or less and ask the court, without going through the probate process, to decide that you (and anyone else making the request) should get the deceased person’s real property because you are a beneficiary in the deceased person’s will or an heir of a the person who died without a will. Can also be used to ask the court for the deceased person’s personal property.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Start a case

Stage: Start a case

This form is used when someone believes they are entitled to the deceased person's primary residence and wants the court to make that decision quickly, provided the estate's value is low enough.

Either party may file.

Official instructions

How-to guides published by the court for this form.

Common questions

Who must fill out this form?
Each person claiming an interest in the property must sign this form. The form also has sections for an attorney or party without an attorney to fill out information.
What is the main requirement for filing this?
The filer must make a sworn statement that the total value of all property in the estate is $166,250 or less.
Does this process avoid probate?
The form asks the court to decide the property succession without going through the full probate process.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect April 28, 2025.

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