California Probate Form DE-310

Petition to Determine Succession to Primary Residence

This page is for educational purposes only and is not legal advice. Forms and requirements change frequently — verify the current version with your local probate court or an attorney.

Last updated: June 1, 2026
First page of Petition to Determine Succession to Primary Residence

Working through the Petition to Determine Succession to Primary Residence? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

Get help with this form

About Petition to Determine Succession to Primary Residence

This form allows heirs or beneficiaries to petition the court for a determination that a decedent's real property was their primary California residence and that it passes to the petitioner without full probate administration.

When you'd use it: Filed when at least 40 days have passed since the decedent's death, no full estate administration is pending, and the gross value of the decedent's interest in the primary residence does not exceed the applicable statutory threshold.

Where to get the official form

The official version of Petition to Determine Succession to Primary Residence is published as a PDF by the California courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:

Verified official PDF

Download Petition to Determine Succession to Primary Residence (PDF) →

Source: courts.ca.gov

Link last checked: May 30, 2026

How to file Petition to Determine Succession to Primary Residence in California

  1. Step 1 — Confirm you have the correct formUse Petition to Determine Succession to Primary Residence (DE-310) when filed when at least 40 days have passed since the decedent's death, no full estate administration is pending, and the gross value of the decedent's interest in the primary residence does not exceed the applicable statutory threshold. Double-check it's the right form for your situation — California probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
  2. Step 2 — Complete every required fieldFill out Petition to Determine Succession to Primary Residence carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
  3. Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
  4. Step 4 — File it with the correct courtSubmit Petition to Determine Succession to Primary Residence to the probate court or county clerk handling the estate — usually in the California county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).

Working through the Petition to Determine Succession to Primary Residence? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

Get help with this form

Probate in California

See the full California probate guide for filing deadlines, small-estate options, timelines, costs, and county courthouse details.

Read the California probate guide →

Frequently Asked Questions

What is Petition to Determine Succession to Primary Residence (DE-310)?
This form allows heirs or beneficiaries to petition the court for a determination that a decedent's real property was their primary California residence and that it passes to the petitioner without full probate administration. You'd typically use it when filed when at least 40 days have passed since the decedent's death, no full estate administration is pending, and the gross value of the decedent's interest in the primary residence does not exceed the applicable statutory threshold.
Where do I file Petition to Determine Succession to Primary Residence in California?
Probate forms are filed with the probate court or county clerk in the California county where the deceased person lived. Our California probate guide can help you find the right courthouse, filing fees, and local requirements.
Do I need a lawyer to complete Petition to Determine Succession to Primary Residence?
Many people complete probate forms themselves, especially for smaller or uncontested estates. Complex estates may benefit from professional advice. SwiftProbate is an informational tool that helps you understand and organize the process — it is not a law firm and does not provide legal advice.
Is Petition to Determine Succession to Primary Residence available online?
Most California probate forms are published as PDFs by the state courts or the county clerk. You can find the official source linked above.

Other California Probate Forms

Declaration Re: Venue (Probate Guardianships)3700Waiver of Accounting (Probate Code § 10954)7001-PRInformal Accounting - Blocked Accounts [Confidential]VN267Proof of Payment of Assessment FeePRB-PCN-004

Need help with California probate?

  • Personalized to your assets, heirs, and jurisdiction
  • Deadlines calculated from your date of death
  • Track progress and store documents in one place
Get step-by-step help

Free — no credit card required

Informational guidance only — not legal advice

Find the other California probate forms you'll need →

Disclaimer: This page is for informational purposes only and does not constitute legal advice. Probate forms and requirements vary by state, county, and individual circumstances, and change over time. Always verify the current form and instructions with your local probate court, and consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.