Understanding AB 2016 and the Use of a Succession to Real Property Petition for a Decedent’s Personal Residence Valued at Less Than $750,000

Navigating the complexities of California probate can be overwhelming, especially when dealing with a loved one’s real property. Fortunately, AB 2016 has introduced more accessible options for transferring ownership of real property, particularly when the decedent’s personal residence is valued under $750,000.

In this post, we’ll explore how the Succession to Real Property Petition works under AB 2016 and how it benefits heirs in California.

What Is AB 2016?

Assembly Bill (AB) 2016 was enacted to simplify the process of transferring real property without undergoing a lengthy probate proceeding. One of its key provisions allows for the use of a Succession to Real Property Petition for personal residences valued at $750,000 or less.

This adjustment significantly increases the threshold from previous limits, offering a more practical option for families dealing with moderate estates.

What Is a Succession to Real Property Petition?

A Succession to Real Property Petition (California Probate Code Section 13150 et seq.) is a simplified court process used to transfer the Decedent's personal residence that does not exceed $750,000 to heirs. Unlike traditional probate, this petition is more cost-effective and time-efficient.

Eligibility for Using a Succession to Real Property Petition Under AB 2016

You may be eligible to file this petition if:

• No probate proceeding is or has been conducted OR the personal representative consents to the procedure.

• The value (excluding liens and encumbrances) of the personal residence does not exceed $750,000.

• The decedent did not have a will requiring formal probate.

• At least 40 days have passed since the date of death.

• The property is located in California.

• The petitioner(s) is entitled to the property by California intestate succession laws or a valid will.

Steps to File a Succession to Real Property Petition

Here is a step-by-step guide to utilizing the petition:

1. Determine Estate Value: Confirm that the personal residence's value is $750,000 or less, using a date of death fair market appriasal by a court appointed appraiser. If the personal residence exceeds $750,000 then a formal probate will be required.

2. Complete the Petition Form: File Judicial Council Form DE-310 (“Petition to Determine Succession to Real Property” updated April 1, 2025 when it is released) with the appropriate California Probate Court. Note that you cannot file the petition until 40 days after the date of death.

3. Provide Supporting Documents: Attach a certified copy of the death certificate, property appraisal by an approved court appraiser, and evidence of the petitioner’s entitlement to the property. If a probate is or has been conducted then the personal representative must consent in writing to the procedure.

4. Notify Interested Parties: Send notice to all heirs, beneficiaries, and creditors as required by California law.

5. Attend the Court Hearing: In most cases, a judge will review the petition and, if approved, issue an order confirming the property transfer.

Benefits of Using a Succession to Real Property Petition Under AB 2016

• Time-Saving: The process is significantly quicker than traditional probate, often completing within a few months.

• Cost-Effective: Filing fees and legal costs are lower compared to formal probate proceedings.

• Simplified Requirements: Reduced court supervision and fewer procedural steps make it accessible to families without extensive legal assistance.

Final Thoughts

AB 2016 has made it easier for California families to transfer a Decedent's personal residence without enduring the complexities of probate. If your loved one’s personal residence is valued at $750,000 or less, filing a Succession to Real Property Petition could be the ideal solution.

However, each case is unique. Consulting with a qualified California probate attorney can help ensure a smooth process and protect your legal rights.

For more insights on navigating California probate estates and staying up to date on legal changes, be sure to check out our other blog posts.

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.

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