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A Petition to Determine Succession to Primary Residence is a legal procedure that enables heirs to transfer a deceased person's primary residence without engaging in a full probate process. As of April 1, 2025, California law permits this method for homes valued up to $750,000, thanks to Assembly Bill 2016. This change significantly increases the threshold from the previous limit of $184,500, making the process accessible to more families in Los Angeles and Southern California.
To utilize this simplified procedure, the following conditions must be met:
It's important to note that all heirs with a claim to the property must participate in the petition to ensure a clear transfer of title.
A court-appointed probate referee must appraise the property's value.
Fill out Judicial Council Form DE-310, the Petition to Determine Succession to Primary Residence.
Include a certified copy of the death certificate, the property's legal description, and any relevant wills.
Submit the petition and supporting documents to the Los Angeles County Superior Court.
Inform all potential heirs and beneficiaries about the petition.
Be present at the court hearing where a judge will decide on the petition.
Upon approval, the court will issue an order transferring the property's title to the rightful heirs.
Navigating the legal requirements of estate succession can be complex. The Werner Law Firm, offers experienced guidance through this process. Our team is well-versed in California's probate laws and can assist you in efficiently transferring property ownership.
If you're considering filing a Petition to Determine Succession to Primary Residence, reach out to The Werner Law Firm for a consultation. We're here to help you understand your options and ensure a smooth transition during this difficult time.
Let us assist you in securing your family's future with compassion and professionalism.
A Petition to Determine Succession to Primary Residence is a great tool, when possible, to streamline the inheritance of property worth $750,000 or less. To learn more about whether your situation might qualify for this petition, to ask general questions, or to have us review the nuances of the process with you, schedule your free consultation with The Werner Law Firm.
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Newport Beach, California 92660
