Petition to Determine Succession to Primary Residence – FAQs

It is a simplified court procedure that allows heirs to transfer ownership of a home after someone passes away, without going through full probate.

This option may be available if:
~ The property was not held in a trust or joint tenancy
~ The estate qualifies under California’s small estate limits
~ No probate case has been opened

Yes. It is commonly used to transfer a primary residence when it is the main asset in a qualifying small estate.

Most cases are resolved after a court hearing, typically within a few weeks to a few months depending on the court’s schedule.

The court reviews the petition and, if approved, issues an order confirming who owns the property. That order is then recorded to transfer title.

~ Avoids full probate
~ Faster process
~ Lower cost
~ Allows the property to be sold or refinanced sooner

Delays can occur if:
~ Heirs disagree
~ The estate does not qualify
~ Paperwork is incomplete or incorrect
If you are trying to transfer a primary residence after a death, we can help determine whether this process applies.