DE-310 - Petition to Determine Succession to Primary Residence

Summary

Petition to Determine Succession to Primary Residence

Text

Form ID: DE-310
Title: Petition to Determine Succession to Primary Residence
Effective Date: 2025-04-28
Mandatory Form: yes
Languages: 汉语, 한국어, español, Tiếng Việt
Info Page: https://selfhelp.courts.ca.gov/jcc-form/DE-310
Primary Download URL: https://www.courts.ca.gov/documents/de310.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/de310c.pdf, https://www.courts.ca.gov/documents/de310k.pdf, https://www.courts.ca.gov/documents/de310s.pdf, https://www.courts.ca.gov/documents/de310v.pdf
Form Detail Page:
Petition to Determine Succession to Primary Residence
(DE-310)
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.
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汉语
Get form DE-310 in Chinese Simplified
(Chinese Simplified)
한국어
Get form DE-310 in Korean
(Korean)
español
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(Spanish)
Tiếng Việt
Get form DE-310 in Vietnamese
(Vietnamese)
Effective: April 28, 2025
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PDF Text:
Form Adopted for Mandatory Use 
Judicial Council of California 
DE-310 [Rev. April 28, 2025]
PETITION TO DETERMINE SUCCESSION 
TO PRIMARY RESIDENCE
Probate Code, §§ 13151, 13152 
courts.ca.gov
DE-310
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NO.:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
ESTATE OF (name):
DECEDENT
PETITION TO DETERMINE SUCCESSION 
TO PRIMARY RESIDENCE
FOR COURT USE ONLY
CASE NUMBER:
HEARING DATE AND TIME: DEPT.:
1. Petitioner (name of each person claiming an interest):
requests a determination that the real property described in item 11 was the decedent's primary residence in California and is 
property passing to petitioner.
2. Decedent (name):
a. Date of death:
b. Place of death (city and state or, if outside the United States, city and country):
3. At least 40 days have passed since the decedent's death.
4. a. Decedent was a resident of this county at the time of death. 
b. Decedent was not a resident of California at the time of death. Decedent died owning property in this county.
5. Decedent died intestate (without a will) testate (with a will), and a copy of the will is attached as Attachment 5 or 12a.
6.   a. No proceeding for the administration of decedent's estate is being conducted or has been conducted in California. 
b. Decedent's personal representative's consent to use the procedure provided by Probate Code section 13150 et seq. is 
attached as Attachment 6b.
7.   Proceedings for the administration of decedent's estate in another jurisdiction
a. have not been commenced.
b. have been commenced and completed. (Specify state, county, court, and case number):
8.   The gross value, at the time of decedent's death, of decedent's interest in the real property described in item 11, as shown by the 
attached appraisal, did not exceed (check one):
a. $166,250 (decedent died before April 1, 2022).
b. $184,500 (decedent died on or after April 1, 2022, and before April 1, 2025. Form DE-300 is attached as required by law).
(Prepare and attach as Attachment 8 an appraisal of the property described in item 11. (Use Judicial Council forms DE-160 and 
DE-161.) A probate referee appointed for the county named above must perform the appraisal. (See Prob. Code, §§ 8901, 8902.))
c. $750,000 (decedent died on or after April 1, 2025, and before April 1, 2028. Form DE-300 is attached as required by law).
9.   a. Decedent is survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8)):
(1) spouse
(2) no spouse, as follows: (a) divorced or never married (b) spouse deceased
(3) registered domestic partner
(4) no registered domestic partner (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.)
(5) child, as follows: (a) natural or adopted (b) natural, adopted by a third party
(6) no child
(7) issue of a predeceased child
(8) no issue of a predeceased child
b. Decedent is is not survived by a stepchild or foster child or children who would have been adopted by
decedent if a legal barrier had not prevented adoption. (See Prob. Code, § 6454.)
Page 1 of 2

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DE-310 [Rev. April 28, 2025] PETITION TO DETERMINE SUCCESSION 
TO PRIMARY RESIDENCE
Page 2 of 2
DE-310
ESTATE OF (name):
DECEDENT
CASE NUMBER:
10. Decedent is survived by (complete if decedent is survived by (1) a spouse or registered domestic partner described in 
Probate Code section 37 but no issue (only a or b apply); or (2) no spouse or registered domestic partner described in 
Probate Code section 37 and no issue. Check only the first box that applies.)
a. a parent or parents who are listed in item 14. 
b. a sibling, or issue of a deceased sibling, all of whom are listed in item 14. 
c. other persons who might be entitled to inherit property if decedent did not have a will, all of whom are listed in item 14. 
d. no known next of kin.
11. Attachment 11 contains (1) the legal description and the Assessor's Parcel Number of the real property claimed in this petition; 
(2) a statement of decedent's interest in the property, including facts that show that the property was decedent's primary residence 
in California; and (3) if any petitioner's claim to the property is based on succession under Probate Code sections 6401 and 6402, 
facts that show whether the property was community, separate, or quasi-community property.
12. Each petitioner is a successor of the decedent (as defined in Probate Code section 13006) and successor to the decedent's interest 
in the real property described in item 11 because each petitioner is
a. (will) a beneficiary who succeeded to that property under decedent's will, and a copy of the will is attached as Attachment 
5 or 12a.
b. (no will) a person who succeeded to that property under Probate Code sections 6401 and 6402.
13. The interest of each petitioner in the property described in item 11 is stated in Attachment 13 is as follows (specify):
14. The names, relationships to decedent, ages, and residence or mailing addresses, as far as known to or reasonably ascertainable by 
petitioner, of (1) all persons named or checked in items 1, 9, and 10; (2) all other persons who may be entitled to inherit decedent's 
property in the absence of a will; and (3) all persons designated in the will to receive any property are listed in Attachment 14.
15. The names and addresses of all executors named in decedent's will are listed below listed in Attachment 15.
No executor is named. There is no will.
16. Petitioner is the trustee of a trust designated in decedent's will to receive property. The names and addresses of all persons 
interested in the trust, as determined in cases of future interests under Probate Code section 15804(a)(1), (2), or (3), are listed 
in Attachment 16.
17. Decedent's estate was under a guardianship conservatorship at decedent's death. The names and
addresses of all persons serving as guardian or conservator are listed below are listed in Attachment 17.
18. Number of pages attached:
Date:
(TYPE OR PRINT NAME OF ATTORNEY)
 (SIGNATURE OF ATTORNEY)*
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF PETITIONER)
 (SIGNATURE OF PETITIONER)*
(TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER)*
SIGNATURE(S) OF ADDITIONAL PETITIONERS ATTACHED
* Each petitioner (i.e., each person named in item 1) must sign this form. (Prob. Code, § 1020.) If more than 2 petitioners, check the box above and use an attachment.

Retrieval chunks

• #1

  Form ID: DE-310 Title: Petition to Determine Succession to Primary Residence Effective Date: 2025-04-28 Mandatory Form: yes Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/DE-310 Primary Download URL: https://www.courts.ca.gov/documents/de310.pdf Alternate Download URL…

• #2

  4. a. Decedent was a resident of this county at the time of death. b. Decedent was not a resident of California at the time of death. Decedent died owning property in this county. 5. Decedent died intestate (without a will) testate (with a will), and a copy of the will is attached as Attachment 5 or 12a. 6. a. No…

• #3

  10. Decedent is survived by (complete if decedent is survived by (1) a spouse or registered domestic partner described in Probate Code section 37 but no issue (only a or b apply); or (2) no spouse or registered domestic partner described in Probate Code section 37 and no issue. Check only the first box that applies.…

• #4

  in Attachment 16. 17. Decedent's estate was under a guardianship conservatorship at decedent's death. The names and addresses of all persons serving as guardian or conservator are listed below are listed in Attachment 17. 18. Number of pages attached: Date: (TYPE OR PRINT NAME OF ATTORNEY) (SIGNATURE OF ATTORNEY…