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Inheriting a home worth up to $750,000 without full probate

By Bahram Madaen, Esq.   Updated October 12, 2026

For years, a California home not held in a trust almost always meant a full probate, because even a modest house pushed the estate over the small estate limit. A law that took effect in 2025 changed that for many families. If a parent's home was their primary residence and it is worth $750,000 or less, the heirs may be able to transfer it with a single court petition.

Who qualifies

  • The decedent died on or after April 1, 2025.
  • The property was the decedent's primary residence in California.
  • The gross value of the home is $750,000 or less, as appraised by a probate referee.
  • There is no probate already underway, or the personal representative consents.

The $750,000 figure is the gross value of the house, not the equity. It is scheduled to adjust for inflation every three years.

What happens

  1. Appraisal. A California probate referee values the home as of the date of death.
  2. Petition. The heirs or beneficiaries file a Petition to Determine Succession to Primary Residence in California (Judicial Council form DE-310) in the county where the home is located, with the will if there is one.
  3. Notice. Notice of the hearing goes to the heirs and beneficiaries.
  4. Hearing and order. If the court grants the petition, it issues an order naming who now owns the home. The order is recorded with the county recorder.

Compared with a full probate, there is no executor appointment, no published notice to creditors, and no final accounting. Many cases finish within a few months of filing, depending on the court's calendar.

What the petition does not do

It transfers only the primary residence. Other property is handled separately, whether by small estate affidavit, beneficiary designations, or a probate if the rest of the estate is large. The heirs also take the house subject to any mortgage and remain responsible for debts of the decedent to the extent of the value they receive.

Watch for these problems

  • A home that was a rental, or where the decedent had moved into care years earlier, may not count as the primary residence. Facts matter here.
  • All of the new owners should agree and sign. If one heir refuses, the transfer can stall.
  • If the referee's value comes in over $750,000, the petition is not available and a probate is usually needed.

If your family is facing this, a short call can confirm whether the home qualifies before you pay for an appraisal.

This article is general information about California law as of October 12, 2026, not legal advice for your situation. Dollar limits and procedures change. Call the office to discuss your facts.

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