DE-315 - Order Determining Succession to Primary Residence

Summary

Order Determining Succession to Primary Residence

Text

Form ID: DE-315
Title: Order Determining 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-315
Primary Download URL: https://www.courts.ca.gov/documents/de315.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/de315c.pdf, https://www.courts.ca.gov/documents/de315k.pdf, https://www.courts.ca.gov/documents/de315s.pdf, https://www.courts.ca.gov/documents/de315v.pdf
Form Detail Page:
Order Determining Succession to Primary Residence
(DE-315)
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.
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Tiếng Việt
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Effective: April 28, 2025
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Form Adopted for Mandatory Use 
Judicial Council of California 
DE-315 [Rev. April 28, 2025]
ORDER DETERMINING SUCCESSION 
TO PRIMARY RESIDENCE
Probate Code, § 13154 
courts.ca.gov 
DE-315
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NO.:
After recording, return to:
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: FOR RECORDER'S USE ONLY
ESTATE OF (name):
DECEDENT
CASE NUMBER:
ORDER DETERMINING SUCCESSION 
TO PRIMARY RESIDENCE
FOR COURT USE ONLY
1. Date of hearing: Time:
Dept./Room:
Judicial Officer (name):
THE COURT FINDS
2. Notice has been given as required by law.
3. Decedent died on (date):
a. a resident of this county. 
b. a nonresident of California who owned property in this county.
c. intestate (without a will) testate (with a will).
4. At least 40 days have passed since the decedent’s death.
5. a. No proceeding for the administration of the decedent's estate is now being or has been conducted in California.
b. Decedent's personal representative has consented in writing to use the procedure in Probate Code section 13150 et seq.
6. The gross value of the real property described in item 9a does not exceed
$166,250 (death before April 1, 2022).
$184,500 (death on or after April 1, 2022, and before April 1, 2025).
$750,000 (death on or after April 1, 2025).
7. Each petitioner is a successor of the decedent (as defined in Probate Code section 13006) to the decedent's interest in the real 
property described in item 9a because each petitioner is (check one):
a. (will) a beneficiary who succeeded to the property under decedent's will. 
b. (no will) a person who succeeded to the property under Probate Code sections 6401 and 6402.
8. The real property described in item 9a was the decedent's primary residence in the state of California.
THE COURT FURTHER FINDS AND ORDERS
9. a. The real property described in Attachment 9a described below passes to each petitioner as described in b.
(Give legal description of property, including Assessor's Parcel Number):
b. Each petitioner's name and specific interest in the property is stated in Attachment 9b is as follows (specify):
10. Other orders are stated in Attachment 10.
11. Number of pages attached:
Date:
JUDICIAL OFFICER
SIGNATURE FOLLOWS LAST ATTACHMENT Page 1 of 1

Retrieval chunks

• #1

  Form ID: DE-315 Title: Order Determining 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-315 Primary Download URL: https://www.courts.ca.gov/documents/de315.pdf Alternate Download URLs: h…

• #2

  5. a. No proceeding for the administration of the decedent's estate is now being or has been conducted in California. b. Decedent's personal representative has consented in writing to use the procedure in Probate Code section 13150 et seq. 6. The gross value of the real property described in item 9a does not exceed …