Petition to Determine Succession Paperwork

Form DE-310 is now titled Petition to Determine Succession to Primary Residence, revised April 28, 2025. It asks the court to find that the real property was the deceased person's primary residence.

The form lists a gross value limit of $750,000 for deaths from April 1, 2025 through March 31, 2028. A lower limit applied to earlier deaths. Whether your property qualifies is a legal question we cannot answer. We prepare the form you direct.

The court says the small estate affidavit cannot transfer real property. A petition for a primary residence is the route the court points to for a house. We cannot advise which one fits your situation. We prepare the one you direct.

A petition is decided by the court, usually after notice to interested people. The court clerk can tell you how your county handles it. We prepare the petition and related notices and return them for your review before filing.

A certified copy of the order is typically recorded at the county recorder in the county where the property is located, with the ownership forms the recorder asks for. We can prepare those forms from the details you provide.