How to Transfer a House in California After a Parent Passes Away (Without Full Probate)

Updated June 2026

When a parent passes away and leaves the house, one of the first practical questions is how the home gets into your name. It feels like it should take a lawyer and a year in court, and for a long time in California it often did. That changed on April 1, 2025, when a law called AB 2016 opened a much shorter path for an ordinary family home. If the house was your parent's primary residence and it's worth $750,000 or less, you can usually transfer it with a single petition instead of full probate. This guide walks through how that path works, who it fits, and the steps that send a petition back when people miss them.

Can you transfer a house in California without full probate?

Often, yes. A primary residence worth $750,000 or less can move through a short court process called the Petition to Determine Succession to Real Property (form DE-310), and it skips the long, expensive version of probate. Before AB 2016, the home limit for this path was only $184,500, so most houses didn't fit and families got pushed into full probate by default. The new limit is high enough that a typical California home now qualifies, and that's the change worth knowing about if you're sorting out a parent's estate.

What is the AB 2016 home transfer path?

AB 2016 is the 2024 law that raised the dollar limit on the DE-310 petition and aimed it at the family home. Starting with deaths on or after April 1, 2025, a decedent's primary residence valued at $750,000 or less can pass through this petition rather than a full estate administration. You still go to court, and there's a hearing, but it's one focused filing about one piece of property, not the months-long process that handles an entire estate. The court reviews who's entitled to the home and issues an order that transfers it, and you record that order to put the house in the heirs' names.

Does your parent's house qualify?

A few things have to line up, and it's worth checking them before you spend a day on the wrong form. The property has to be the decedent's primary residence in California, and its gross value (the full market value, before any mortgage) has to be $750,000 or less. The date of death is what sets the limit, so a death on or after April 1, 2025 uses the $750,000 figure, while a death before that date uses the old $184,500 limit. The home also can't already be passing to a surviving spouse or registered domestic partner, because that situation has its own simpler path (the DE-221 Spousal or Domestic Partner Property Petition). And if the house is held in a living trust or in joint tenancy with someone who's still living, it transfers on its own and you don't need this petition at all.

How does the DE-310 process work?

At a high level, the path moves through a handful of stages, and each one has its own form and its own deadline. You wait at least 40 days from the date of death before anything can be filed, so that window is for gathering documents. The home gets a formal value from a court-appointed probate referee, which is what proves it's under the limit. You file the petition in the superior court for the county where your parent lived, and you give legal notice to every heir, which is the stage people most often get wrong. Then the court holds a short hearing, and if everything's in order, it signs the order that transfers the home, with one last step to record that order with the county so the title actually changes hands. Knowing the stages is the easy part. Doing each one in the right order, on the right form, and by the right deadline is where the Home Transfer Kit walks beside you, line by line.

If court fees are a strain right now, you can ask the court to waive them with the Request to Waive Court Fees (form FW-001), and the court answers on form FW-003. The waiver is based on income, and it's a normal part of the process, not a special favor.

The mistakes that send these petitions back

Most DE-310 petitions that bounce do it for the same handful of reasons, and knowing them ahead of time saves you a second trip to the courthouse.

1. Filing before the 40 days are up. The clock runs from the date of death, and the court won't take the petition early. Be sure to count the full 40 days first.

2. Using the net value instead of the gross. The $750,000 limit goes by the home's full market value, and the mortgage doesn't lower it. A house worth $720,000 with a $400,000 loan is a $720,000 house for this test, not a $320,000 one.

3. Skipping the appraisal. You can't just state the value yourself. The probate referee's appraisal is what the court relies on, so the petition isn't complete without it.

4. Missing an heir on the notice. Everyone with a possible claim has to be told, in the way the court can verify. A sibling left off the notice, or an heir nobody can locate, is one of the most common reasons a hearing gets continued.

5. Stopping at the court order. The signed order doesn't change the title on its own. You still have to record it with the county recorder and file the change-of-ownership report, and you'll want to look at how Proposition 19 affects the property taxes when a home passes from parent to child.

When it's full probate, or a lawyer

Some homes don't fit this path, and it helps to know that early so you're not surprised at the hearing. A house worth more than $750,000 that isn't passing to a spouse, a will that someone is contesting, an estate that owes more than it's worth, or an heir who's a minor or can't be found: these point to full probate (the DE-111 petition) and are usually worth a probate attorney. Many offer a flat-fee consult, so even one conversation can tell you whether you're still in do-it-yourself territory or whether the situation calls for more help.

Where ClaimKit Help comes in

Knowing the home qualifies is the first half, and the free Probate Path Finder confirms that in a couple of minutes. When you're ready to do it, the Home Transfer Kit walks the DE-310 path line by line, with the checklists, the heir-notice template, the appraisal steps, and the recording instructions beside you, so you're never guessing which box comes next. If the estate has more than just the house, say bank accounts or a second piece of property, the Complete Simplified-Probate Kit covers every simplified path plus how to handle creditors, all in one place. Everything is current and California-specific, so you can know it's right before you file.

Common questions

Can I transfer my parent's house in California without probate? If it was their primary residence and it's worth $750,000 or less, you can usually use the DE-310 Petition to Determine Succession to Real Property, which skips full probate. It needs a short hearing, but it's one focused filing rather than a full estate administration. The free Probate Path Finder confirms whether the home fits.

How much is the California home transfer limit? For deaths on or after April 1, 2025, a primary residence worth $750,000 or less qualifies for the DE-310 path, thanks to AB 2016. For deaths before that date, the limit is the older $184,500. The figure goes by gross value, so the mortgage doesn't reduce it, and these amounts next adjust on April 1, 2028.

Do I need a lawyer for the DE-310 petition? Most people handle the simplified home-transfer petition on their own, and it's designed to be done that way. A lawyer becomes worth it when the home is over the limit and not passing to a spouse, the will is contested, or an heir is a minor or can't be located, which point toward full probate instead.

How long does the DE-310 process take? Plan on a couple of months. You wait 40 days from the date of death before filing, the appraisal takes some time, and once you file, the court typically sets the hearing about a month out. After the judge signs the order, recording it with the county is the last step.

ClaimKit Help is a self-help service and not a law firm, and this article is general information, not legal advice. The dollar limits are set by the date of death and next adjust April 1, 2028. For the official forms and instructions, visit selfhelp.courts.ca.gov.