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.
Where this fits in a case
JudgmentStage: 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.
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