A parent’s home, moved without full probate.
When the only asset that matters is the house, full probate can feel like using a sledgehammer to hang a picture. California has a newer, narrower tool: a petition to determine succession to a primary residence valued at $750,000 or less. Brandon Smith files it.
Free consultation. No retainer to talk. Same-day callbacks.
At a glance
- What it does
- Transfers a primary residence to the heirs
- Value limit
- $750,000 gross or less
- Typical timeline
- About 3 months
- Flat fee
- $2,999 ($5,000 if multiple heirs)
When the house is the whole problem.
You don’t need to know the name of the petition to know you’re stuck with a house and no clear way to transfer it. See if this sounds like where you are.
- A parent or relative passed away and left behind a house.
- That home was their primary residence — not a rental or a second property.
- The home is worth $750,000 or less.
- There’s no living trust that already covers the house, or one was never set up.
- The house is basically the only thing that would drag the estate into full probate.
- It’s been at least 40 days since they passed.
One house. One filing. No full probate.
This is a probate alternative built for a single situation: a decedent’s primary residence, with a gross value of $750,000 or less. Instead of opening a formal probate that drags on for a year, an heir files a probate petition asking the court to confirm the home passes to them and to authorize the transfer of title.
It’s genuinely new — a recent addition to California’s probate alternatives, separate from the older small-estate and simplified probate procedures families may have heard about. Because it’s new, it isn’t yet on most people’s radar, and a lot of families open full probate on a house that never needed it.
The trade-off is its narrowness. It only works for the primary residence, only under the value limit, and only for a successor who is actually entitled to inherit. When those boxes are checked, though, it’s the simplest way there is to avoid probate on the home.
Four things have to be true.
All four. Miss one and a different tool — Heggstad, or full probate — is the right call instead. We confirm this on the first call.
| Requirement | What it means |
|---|---|
| Primary residence | The property was the decedent’s primary home — not a rental or second property. |
| $750,000 or less | The gross value of the home is $750,000 or under — confirmed by appraisal. |
| 40 days have passed | At least 40 days since the date of death before the petition can be filed. |
| Entitled successor | The person filing is a successor actually entitled to inherit the property. |
From appraisal to recorded title.
Six stages, roughly three months. The appraisal comes first because it decides whether the rest is even possible.
- 01
Engagement and a working meeting
We open the file, then sit down — in person or remote — to confirm who the entitled successor is and to map out the home, the title, and who has to receive notice.
- 02
Appraisal to qualify the home
An appraisal is required, and it comes first. This estate valuation is what proves the primary residence is worth $750,000 or less — the gate this whole procedure depends on. No appraisal, no petition.
- 03
Draft the petition
Depending on the county and the facts, the petition is either a Judicial Council form or a separate custom pleading. We prepare it, and you review it before anything is filed.
- 04
File, then serve notice
We file the petition with the probate court in the county where the property sits, then serve every interested person under that court’s local rules and file the proof of service — the step DIY filers most often get wrong.
- 05
The hearing
The court reviews the petition at the hearing. Because these are new, judges are still forming their approach, so we make sure the filing meets each county’s specific requirements ahead of time.
- 06
Order signed and recorded on title
Once the judge signs the order, we handle recording — filing a certified copy with the county recorder on the property’s title. The home is now in the heirs’ names — no full probate.
Because it’s new
The rules are still settling.
This procedure is new enough that the courts are still formulating how they handle it. That’s exactly why the small things matter: each county has its own local rules, and some require a specific notice form. Get the form or the notice wrong and the hearing gets pushed two to four months out.
The fee is flat and known up front: $2,999, or $5,000 when there are multiple heirs or a trust in the mix — because more parties means more service and more notice to handle correctly. The appraisal is a separate cost. No hourly surprises.
What families ask about transferring the home
The questions we hear most about the petition to determine succession to a primary residence. If yours isn’t here, ask it on a free call.
What is a petition to determine succession to a primary residence?
It’s a probate alternative for one specific asset: the decedent’s primary residence, when its gross value is $750,000 or less. Instead of opening full probate, an heir files a petition asking the court to confirm that the home passes to them and to authorize the title transfer. It’s a new California option, separate from the older small-estate procedures.
Who qualifies for this petition?
Four things have to be true. The property was the decedent’s primary residence. Its gross value is $750,000 or less. At least 40 days have passed since the death. And the person filing is a successor actually entitled to inherit. If all four hold, this is usually the cheapest, fastest way to move the home.
How is this different from a Heggstad petition or full probate?
A Heggstad petition needs evidence the decedent intended the asset to be in a trust — a high bar — and it transfers the asset to the trust, not to individuals. Full probate works for every kind of asset but takes a year and several hearings. This petition is narrower than both: primary residence only, $750,000 or less, passing straight to the heirs.
How long does it take and what does it cost?
About three months, sometimes longer if the court is backed up. Brandon charges a $2,999 flat fee, or $5,000 when there are multiple heirs or a trust involved — the more parties, the more service and notice work. The required appraisal is a separate cost paid to the appraiser.
Which court handles it, and do I need an appraisal?
It’s filed in the probate court of the county where the property is located. Yes — an appraisal is required, and it’s the first real step, because it’s what proves the home qualifies under the $750,000 limit. We order it before drafting the petition.
What goes wrong when people try this themselves?
The same traps as any probate filing: the wrong form, or notice served the wrong way. When that happens the hearing gets kicked to the next available date — usually two to four months out. Because this procedure is so new, the courts are still settling their approach, and each county has its own local rules and sometimes its own notice form to use.
- Probate Administration →
- Trust Administration →
- Will Contests →
- Estate Administration →
- Heggstad Petitions →
Is the house the only thing standing between you and done? Let’s check.
Tell us about the home and who’s inheriting it. We’ll confirm whether it qualifies for the succession petition, order the appraisal that proves it, and handle the filing — all for a flat fee you’ll know before you commit. The first call is free.
Brandon Smith · CA Bar #308604 · Admitted 2015 · Roseville