Estate & Trust Blogs

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Petition to Determine Succession of Real Property

After death, transfer real property valued less than $750,000 in California without probate

SUMMARY

Starting in April 2025, there is new process for how real property valued less than $750,000 can be transferred after death without probate. This Process is called Petition for Succession of Real Property that is the primary residence made to a Probate Court where the real property is located. A general description of the process is to file a petition, supported by an affidavit or death, appraisal, identify the beneficiaries and the proposed order. The Court will have a hearing. If granted, the Order immediately transfers ownership of the real property to the beneficiaries and should be recorded. Details follow.

The Law - Probate Code section 13150 to 13157; Primary Residence valued under $750,000

This new procedure to transfer title to real property post mortem is governed by Probate Code section .
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