How to Claim Real Estate Without Full Probate in California: The 2025 §13151 Petition Guide for Heirs of Modest Estates
- Linda Varga
- May 25
- 3 min read
Updated: Jun 11
Beginning April 1, 2025, California law makes it easier for heirs to transfer ownership of a deceased person’s real property—without going through full probate. Thanks to changes introduced under Assembly Bill 2016 (AB 2016), the Petition to Determine Succession to Real Property under Probate Code §13151 will apply to estates with significantly higher property value limits.
Here’s how this updated process works and how you can use it to claim real estate without the time and expense of traditional probate.
What Is Probate Code §13151?
California Probate Code §13151 provides a simplified legal process that allows heirs to claim real estate from a deceased person’s estate without full probate, as long as the estate meets certain size and property-value requirements.
Historically, the limits were quite low—often forcing families into full probate even for modest homes. But starting April 1, 2025, those limits will increase dramatically.
What Changed in 2025 Under AB 2016?
As of April 1, 2025, the gross fair market value of real property eligible for this streamlined process will increase to $750,000 (up from the previous $184,500 limit). This change reflects California’s high real estate prices and aims to reduce court burdens.
New Thresholds:
$750,000 cap on real estate value
Applies to primary residence only
Adjusted every three years for inflation
This means that many California homes that previously required full probate may now qualify for this simplified process.
Requirements to Use the §13151 Petition in 2025
To qualify for this simplified transfer of real estate, the following must be true:
The gross value of the Decedent's primary residence does not exceed $750,000 (based on fair market value, not equity)
The decedent passed away on or after April 1, 2025
No formal probate is already pending or the personal representative consents to the procedure
All heirs or beneficiaries agree to the petition
At least 40 days have passed since the date of death
How to File the Petition
To use Probate Code §13151 in 2025, you must file the following:
Judicial Council Form DE-310: Petition to Determine Succession to Real Property
Death Certificate
Inventory and Appraisal (Form DE-160), signed by a probate referee
Copy of the Will (if any) or declaration of intestacy
Property deed and legal description
Petition filing fee (varies by county)
A court hearing is required, and notice must be given to all interested parties (heirs, beneficiaries, and creditors).
Example: How This Works in Practice
Example: Maria passes away in 2025 owning a modest single-family home in Riverside County valued at $700,000 and has no other assets. Her only child, Luis, is her sole heir. Since the property value is under the $750,000 cap and meets the other criteria:
Luis can file a §13151 petition instead of opening a full probate case,
He attends a short court hearing,
Once approved, the court issues an order transferring title to Luis.
No full probate is needed.
Important Notes
Loans and liens on the property do not reduce the "gross value" for eligibility.
This process does not bypass all court involvement—it’s simplified but still formal.
Title companies generally accept §13151 court orders for deed transfers.
Why This Matters for California Families
Before 2025, even modest homes could force families into full probate, causing delays, legal fees, and court appearances. With the new $750,000 threshold, more families can access a faster, more affordable option to transfer property—especially in areas with inflated home values.
Final Thoughts
The expanded §13151 petition under AB 2016 gives California residents a powerful tool to avoid full probate when transferring real property after death. Whether you're an heir, trustee, or executor, it’s essential to understand this new option starting April 1, 2025.
If you believe your situation qualifies, or if you need help navigating the paperwork and court process, consult a knowledgeable California probate attorney to ensure everything is handled correctly and efficiently.
Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.
Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.
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