Skip to content
LitigationForms
DE-315Mandatory

Order Determining Succession to Primary Residence

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

This form is an official court order that states the court has decided that the value of all property in a deceased person's estate in California is low enough that the estate does not need to go through the full probate process. It also determines who receives the deceased person's real property.

The court describes it as: States the court’s decision (order) that the value of all the property in California in a deceased person’s estate is $166,250 or less, the estate does not have to go through the probate process, and that the deceased person’s real property belongs to those who filed a Petition to Determine Succession to Real Property (Estates of $166,250 or Less) (DE-310). Can also be used to order that the deceased person’s personal property belongs to the petitioners.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Judgment

Stage: Judgment

This form is used after a petition has been filed to determine succession to real property when the estate's value is estimated to be $166,250 or less (or other amounts depending on the date of death).

Prepared by the court or clerk.

Official instructions

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

Common questions

Who fills out this form?
This form is for the court to fill out and sign as an order. It is titled 'Order Determining Succession to Primary Residence.'
What does this form determine?
It determines if the estate's property value is low enough to avoid a full probate process and who receives the real property.
Does this form require a filing fee?
The provided text does not mention any filing fees for this form.

Revision history

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

Related forms

  • DE-310

    Petition to Determine Succession to Primary Residence

    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.

    MandatoryFillable PDF4 translations
  • CD-170

    Order for Release and Redelivery of Property

    This form is an official court order that states the judge's decision to cancel (quash) a writ of possession that was issued without a hearing. It also records the court's decision on other requests made by the defendant in the application to cancel the writ.

    MandatoryFillable PDF
  • DE-140

    Order for Probate

    This form is used by the court to officially write down a decision about who will manage the property and money of a person who has passed away. It names the person in charge and lists what powers that person has to handle the estate.

    MandatoryFillable PDF
  • DE-200

    Order Prescribing Notice

    This form is an official court order that tells the court who must receive notice about a hearing. It sets the date, time, and location for hearings related to estate matters.

    MandatoryFillable PDF1 translation
  • DE-226

    Spousal or Domestic Partner Property Order (Probate—Decedents Estates)

    This form is used by the court to issue an official order deciding if some or all of a deceased person's property does not need to go through the formal probate process because it belongs to the surviving spouse or domestic partner.

    MandatoryFillable PDF
  • DE-265

    Order Confirming Sale of Real Property

    This form is an official court order that states whether the judge agrees to confirm the sale of real estate that belongs to an estate, guardianship, or conservatorship. It records the details of the sale and the court's final decision on it.

    MandatoryFillable PDF
  • DE-351

    Order Appointing Guardian Ad Litem—Probate

    This form is an official court order that tells everyone that the judge has chosen an adult to represent the best interests of a child or another person in a probate case. It records the court's decision to make this appointment.

    MandatoryFillable PDF
  • DE-111

    Petition for Probate

    This form is used to ask the court to start the legal process for handling a deceased person's property, paying off any debts, and settling their financial matters. It asks for details about the deceased person and the estate's assets.

    MandatoryFillable PDF