By Bart Hubbard, Realtor, DRE #01815497 | Published August 3, 2026 | Updated October 1, 2026
The $750,000 primary residence petition is a California court procedure that transfers a deceased person’s home to the heirs without a full probate. It applies when the person died on or after April 1, 2025, the property was their primary residence in California, and its gross value is $750,000 or less. The heirs can file 40 days after the death, and the court’s order gives them title so they can keep or sell the home.
The petition comes from AB 2016 (Stats. 2024, ch. 331), which amended Probate Code 13151 (chaptered text). Before it, the same petition topped out at $184,500 for deaths from April 1, 2022 through March 31, 2025, so few homes qualified.
The one thing most families get wrong is the wait.
Many websites still say six months. The six-month wait belongs to a different affidavit for low-value real property. The primary residence petition requires only 40 days.
Key Facts
- The California primary residence petition covers homes with a gross value up to $750,000 for deaths on or after April 1, 2025 (Judicial Council adjusted amounts).
- The $750,000 limit comes from AB 2016, Stats. 2024, ch. 331, which amended Probate Code 13151 (chaptered text).
- The California primary residence petition can be filed once 40 days have passed since the death.
- A California primary residence petitioner must notify each heir and devisee named in the petition within five business days of filing.
- The $750,000 primary residence petition limit applies to deaths through March 31, 2028, after which an adjusted amount applies.
- For deaths from April 1, 2022 through March 31, 2025, the California succession petition was limited to $184,500.
- The California courts’ Self-Help page for form DE-310 still shows the old $166,250 figure and should not be relied on (DE-310 page).
Who Qualifies for the $750,000 Primary Residence Petition?
Heirs qualify when four conditions are met.
- The person died on or after April 1, 2025.
- The property was their primary residence in California.
- Its gross value is $750,000 or less.
- At least 40 days have passed since the death.
The petitioners are the people entitled to the home, such as devisees under a will or heirs under intestate succession. A devisee is someone who inherits real property under a will. If there is no will, see what happens to the house if there’s no will.
What Does “Gross Value” Mean for the Limit?
Gross value is the home’s value before subtracting any mortgage or other debt. The California Courts guide to transfers without formal probate says you are not allowed to subtract the debts of the person who died. A $700,000 house with a $300,000 loan still counts as $700,000.
The court needs a formal value. Under the AB 2016 text of Section 13152, the petition must attach an inventory and appraisal made by a probate referee the petitioner selects. A probate referee is an appraiser appointed by the State Controller, with at least one per county (State Controller). The referee’s fee is 0.1% of the value appraised, with a $75 minimum (Prob. Code 8961 and 8963).
How Long Do You Have to Wait Before Filing?
You wait 40 days after the death. The chaptered text of Section 13151 requires that “40 days have elapsed since the death of the decedent” (AB 2016).
The six-month rule belongs to the affidavit for real property of small value, which covers only homes worth up to $69,625 (Prob. Code 13200). Those 40 days are a good time to gather the death certificate, the deed and the will, and to secure the house.
How Do You File the Petition in Sacramento County?
You file the Petition to Determine Succession to Real Property, form DE-310, with the Sacramento Superior Court probate unit. It sits on the 2nd floor, Room 214, of the William R. Ridgeway Family Relations Courthouse, 3341 Power Inn Road, Sacramento, open 8:00 a.m. to 5:00 p.m. on weekdays, (916) 875-3400, option 2 (Sacramento Superior Court).
Sacramento cases go to Dept. 126 if the case number ends in an odd digit, and Dept. 129 if it ends in an even digit (department assignments). Neighboring counties have their own courts, such as the Yolo County courthouse at 1000 Main Street, Woodland. See our Sacramento County probate real estate page.
Who Has to Be Notified?
The petitioner must notify each heir and devisee named in the petition within five business days of filing (AB 2016). The notice gives family members an early chance to learn about the petition.
The court also sets a hearing. Notice of the hearing goes to each person named in the petition (Prob. Code 13153) at least 15 days before the hearing (Prob. Code 1220). A probate attorney can handle the notices so nothing delays the hearing.
What About Bank Accounts and Other Assets?
Other assets use their own procedures. Personal property such as bank accounts and vehicles may pass by affidavit if it totals $208,850 or less for deaths on or after April 1, 2025 (Judicial Council adjusted amounts).
A home included in a primary residence petition is excluded from that affidavit. Assets in a trust or with a named beneficiary pass outside both procedures. For a broader view, read whether you need probate to sell an inherited house.
Can the Heirs Sell the House After the Order?
Yes. Once the court grants the petition, the heirs own the home and can sell it as ordinary sellers. There is no personal representative, no court confirmation hearing and no overbid process.
Every heir on title generally must sign the listing and sale documents. Ask the title company early what it needs to insure the sale, such as a certified copy of the court’s order. If heirs disagree about selling, see what to do when siblings disagree.
Will the $750,000 Limit Change?
Yes. Under Section 13152(f)(3), $750,000 applies to deaths from April 1, 2025 through March 31, 2028. After that, the amount adjusts under Probate Code 890, with the next adjustment on April 1, 2028 (Judicial Council adjusted amounts).
The date of death, not the filing date, sets which limit applies.
What Does This Look Like With Real Numbers?
Illustrative example, not a real client.
A father dies in June 2025. His Sacramento County home was his primary residence, and it is his only real property.
The probate referee values it at $700,000. His two adult children are his heirs.
Step 1: Check the limit. The death was after April 1, 2025, and $700,000 is below $750,000. The home qualifies.
Step 2: Referee fee. 0.1% x $700,000 = $700.
Step 3: Compare with full probate. Statutory executor and attorney fees on a $700,000 estate (Prob. Code 10800):
- 4% of the first $100,000: $4,000
- 3% of the next $100,000: $3,000
- 2% of the remaining $500,000: $10,000
- Executor fee: $4,000 + $3,000 + $10,000 = $17,000
- Attorney fee: the same $17,000
- Total: $34,000
The petition avoids those statutory fees. The family still pays filing costs, the referee fee and any attorney it hires.
Change one fact: he died in March 2025. The limit for that date is $184,500, so the $700,000 home does not qualify. The family likely faces a formal probate, with $34,000 in statutory fees and a process that typically runs 9 to 18 months (California Courts).
What Mistakes Should You Avoid?
- Waiting six months to file. The family loses months, because the petition requires only 40 days.
- Relying on the court’s DE-310 Self-Help page. Its outdated $166,250 figure can lead heirs to skip a petition they qualify for.
- Relying on an online estimate near the limit. A home the referee values above $750,000 does not qualify.
- Missing the five-business-day heir notice. A missed notice can delay the hearing.
- Using the petition for a rental or second home. The $750,000 limit applies only to the primary residence.
Summary
- The primary residence petition transfers a California home to heirs without full probate.
- It applies to deaths on or after April 1, 2025, for a California primary residence with a gross value up to $750,000.
- It comes from AB 2016 (Stats. 2024, ch. 331), amending Probate Code 13151.
- Heirs can file 40 days after the death, not six months.
- Each heir and devisee named in the petition must be notified within five business days of filing.
- The home is excluded from the $208,850 personal property affidavit.
- The $750,000 amount applies through March 31, 2028, with the next adjustment April 1, 2028.
- Deaths from April 1, 2022 through March 31, 2025 use the old $184,500 limit.
Run your numbers: Use the Home Valuation Calculator to estimate the home’s value and see how much room it has under the $750,000 limit.
Next Steps
Talk with Bart: Book a free 15-minute call. I’ll listen to where you are in the process, look at the property, and tell you your options, including the ones that don’t involve hiring me.
Get a free probate home valuation: You’ll get a written price range within 24 hours, so you know early whether the home is near the $750,000 line.
This article is general information, not legal or tax advice. Probate and tax rules depend on your facts. Talk with a California probate attorney or CPA before acting. Figures current as of October 1, 2026.
About the Author
Bart Hubbard is a Realtor with HomeSmart ICARE Realty (DRE #01815497) and a C.A.R. Certified Probate and Trust Specialist who helps families across the greater Sacramento area sell inherited, probate and trust homes. He works alongside probate attorneys, fiduciaries and local vendors to handle pricing, cleanouts, repairs and court-confirmation sales, so executors can focus on their families. More about Bart is on his bio page.