Inherited a California Home? You May Not Need a Full Probate
Inherited a California Home?
You May Not Need a Full Probate
When someone dies owning a home in California, families often assume there are only two possibilities:
The home was in a trust — or it has to go through full probate.
That isn't always true.
California has a procedure called a Petition to Determine Succession to Primary Residence that may allow qualifying heirs or beneficiaries to transfer a deceased person's home without going through a full probate administration.
And a recent change to California law made this option relevant to many more families.
The New $750,000 Rule
For someone who died on or after April 1, 2025, a California primary residence valued at up to $750,000 may qualify for this streamlined court procedure.
There are some important catches.
The property must have been the deceased person's primary residence in California, and eligibility depends on factors such as the date of death, how title was held, who is entitled to inherit the property, and whether another probate proceeding has already been opened.
The Value at the Date of Death Matters
One of the biggest misconceptions I see with inherited property is focusing only on what the house is worth today.
For this process, the home's gross value at the time of death is important. California requires an appraisal by a probate referee as part of the petition.
That means a home that wouldn't appear to qualify based on today's market value may have a very different value when you look back to the date of death.
And if the person died before April 1, 2025, different dollar limits apply.
What Happens If the Property Qualifies?
After at least 40 days have passed since the death, an eligible successor may petition the court using California's Petition to Determine Succession to Primary Residence (Form DE-310).
If approved, the court can issue an order determining who succeeds to the property. That order can then be used to establish ownership of the home.
It can be a significantly different path than administering an entire estate through traditional probate.
Before You Assume You Need a Full Probate…
If you've inherited a California home that wasn't in a trust, don't make assumptions about what has to happen next.
Start by figuring out:
How was title held? When did the owner die? Was this their primary residence? What was it worth at the time? Is there a will? Who are the legal heirs or beneficiaries?
Those answers can completely change the path forward.
And if the ultimate goal is to sell the property, determining who has legal authority to sell it comes before deciding on repairs, clean-out, pricing or putting a sign in the yard.
That's where good real estate planning begins.
Inherited a Home in Solano County?
I help families understand the real estate side of inherited property and coordinate with probate attorneys, tax professionals, title companies and other specialists when they're needed.
You don't need to know exactly what kind of help you need before you call.
We can start by figuring out what you're actually dealing with.
Nickole Dauer, REALTOR®
Golden Porch Group
Real Estate Sales, Planning & Solutions
CA DRE #02100054
Integrity comes before the transaction.
This article is for general educational purposes and is not legal or tax advice. Consult a qualified California probate attorney regarding your specific circumstances.
