Primary Residence Petitions

What is a Primary Residence Petition?

In 2025, California opened a new shortcut through probate. Under Probate Code section 13150, the heirs of a person who has passed away can petition the court to transfer the decedent’s primary residence directly to them, so long as the home was worth $750,000 or less at the date of death. One petition, one hearing, one court order. No executor appointment and no year-long probate administration.

The procedure works whether or not there was a will. If there was a will, the home passes to the beneficiaries named in it; if not, it passes to the heirs under California law. A court-appointed probate referee confirms the home’s value, the court holds a short hearing, and the resulting order is recorded with the county, putting title in the successors’ names.

We handle the entire process: the appraisal, the petition, the notices, the hearing, and recording the order. Like our Heggstad petitions, we charge a flat fee with no payment due until the court grants your petition.

How long does a Primary Residence Petition take? Do you offer ex parte services?

Most Primary Residence Petitions take 3 to 8 months from filing to a recorded order, depending on the county’s calendar. The law builds in a short waiting period: the petition cannot be granted until at least 40 days have passed since the death, and the court must receive the probate referee’s appraisal of the home before the hearing.

At the Law Office of Ravi Patel, we specialize in fast, effective ex parte relief. If time is critical and every interested party consents, we can often ask the court to hear the petition ex parte and obtain an order in far less time. We regularly use these procedures when a pending sale, refinance, or foreclosure deadline will not wait for a regular hearing date.

How much does a Primary Residence Petition cost?

The Law Office of Ravi Patel files Primary Residence Petitions anywhere in California for a flat fee of $1,500, and no legal fees are due until you have a signed court order in hand. Court filing fees and the probate referee’s appraisal fee are separate and stay modest: the referee’s fee is set by statute at one tenth of one percent of the home’s value, capped at $750.

Compare that to a full probate of the same home, where statutory fees are calculated on the gross value of the estate. On a $500,000 home, the statutory attorney fee alone is $13,000, before the executor’s commission and court costs. For a qualifying home, the petition is usually the least expensive path by a wide margin.

Who can file a Primary Residence Petition?

Any successor of the decedent may file: the beneficiaries named in the will, or, if there was no will, the heirs who inherit under California law. If several successors are entitled to the home, they file together and take title in their respective shares. A guardian, conservator, or the trustee of a trust named in the will may also file on a successor’s behalf. The procedure works whether or not there was a will.

Where is a Primary Residence Petition filed?

The petition is filed in the superior court of the county where the decedent lived. If the decedent lived outside California, it is filed in the county where the home is located. We file in all 58 California counties and appear remotely where the court allows, so your family does not need to find a local attorney in the decedent’s county.

What documents are filed with a Primary Residence Petition?

The core filing is Judicial Council form DE-310, the Petition to Determine Succession to Real Property, supported by a certified copy of the death certificate, the legal description of the home, and the will if there is one. The court-appointed probate referee completes an Inventory and Appraisal (forms DE-160 and DE-161) confirming the home’s value at the date of death. We prepare, file, and serve every document.

Who gets notice of a Primary Residence Petition?

Notice of the hearing goes to the decedent’s heirs and to every beneficiary named in any will, generally by mail at least 15 days before the hearing. If a trust is a beneficiary, the trustee receives notice. When every interested person signs a consent, the notice period can often be shortened or the petition heard ex parte, which is how we handle time-critical filings.

What happens after a Primary Residence Petition is granted?

The court signs an order determining that the home has passed to the successors. A certified copy of the order is recorded with the county recorder where the home is located, and the recorded order places title in the successors’ names. From there the family can sell, refinance, or keep the home; escrow and title companies accept the recorded order the way they would a deed.

Primary Residence Petition vs. probate

A full probate involves an appointed personal representative, publication in a local paper, multiple hearings, ongoing court supervision, and a year or more of administration, with statutory fees calculated on the gross value of the estate. A Primary Residence Petition is one petition, one hearing, and one recorded order. When the home qualifies and the estate’s other assets can pass by affidavit, the petition is usually the fastest and least expensive path. When the home is worth more than the limit or the estate is contested, probate or another shortcut may be the right tool; we can tell you quickly which one fits.

Do you qualify?

The petition is available when the person who died owned a primary residence in California; the home’s value at the date of death was $750,000 or less (for deaths on or after April 1, 2025, with lower limits for earlier deaths); at least 40 days have passed since the death; and no probate administration is pending for the estate. Not sure whether the home qualifies, or facing a complicated title? Book a free consultation and we will tell you exactly where you stand.