Petition To Determine Succession To Real Property (Estates Of $166,250 Or Less)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition To Determine Succession To Real Property (Estates Of $166,250 Or Less) is a commonly used form within California. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Make a sworn statement to the court that the value of all the property in California in a deceased person’s estate is $166,250 or less and ask the court, without going through the probate process, to decide that you (and anyone else making the request) should get the deceased person’s real property because you are a beneficiary in the deceased person’s will or an heir of a the person who died without a will. Can also be used to ask the court for the deceased person’s personal property.

Atticus Fast Facts About Petition To Determine Succession To Real Property (Estates Of $166,250 Or Less)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition To Determine Succession To Real Property (Estates Of $166,250 Or Less):

• This form pertains to the State of California

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about California’s Form DE-310 - Petition To Determine Succession To Real Property (Estates Of $166,250 Or Less) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct California form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some California probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form DE-310, take a break, and then review. Probate and estate settlement processes in CA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form DE-310 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form DE-310 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition To Determine Succession To Real Property (Estates Of $166,250 Or Less) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in California.

5 reasons you should submit DE-310 as quickly as possible:

1. The sooner you begin, the faster California can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in California. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of California is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for California probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local California probate clerk or court for exact answers regarding Form DE-310, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition To Determine Succession To Real Property (Estates Of $166,250 Or Less) is one of the many probate court forms available for download through Atticus.

It may also be available through some California probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within California.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form DE-310 - Petition To Determine Succession To Real Property (Estates Of $166,250 Or Less) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the California probate court office.

Petition To Determine Succession To Real Property (Estates Of $166,250 Or Less) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any California-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on California Form DE-310 - Petition To Determine Succession To Real Property (Estates Of $166,250 Or Less). You can use this to get an idea of the context of the form and what type of information is needed.

(Specify state, county, court, and case number): At least 40 days have elapsed since the date of decedent's death. 4. b. Decedent died 6. b. Proceedings for the administration of decedent's estate in another jurisdiction:a. b. Decedent is survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8)) (1) (5) (7) Decedent survived by a stepchild or foster child or children who would have been adopted by decedent but for a legal barrier. (See Prob. Code, § 6454.) Probate Code, § 13152 www.courts.ca.gov Form Adopted for Mandatory Use Judicial Council of California DE-310 [Rev. January 1, 2020] PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY (Estates of $166,250 or Less) 1. 2. a. b. a. 3. a. 5. 7. The gross value of decedent's interest in real and personal property located in California as shown by the Inventory and Appraisal attached to this petition—excluding the property described in Probate Code section 13050 (property held in joint tenancy or as a life estate or other interest terminable upon decedent's death, property passing to decedent's spouse, property in a trust revocable by decedent, etc.)—did not exceed $166,250 as of the date of decedent's death. (Prepare and attach an Inventory and Appraisal as Attachment 8 (use Judicial Council forms DE-160 and DE-161 for this purpose). A probate referee appointed for the county named above must appraise all real property and all personal property other than cash or its equivalent. See Prob. Code, §§ 8901, 8902.) 8. a.9. b. Page 1 of 2 (2)(a)(b) (3) (8) (4) (6) (a)(b) Petitioner (name of each person claiming an interest): and personal property Decedent (name): Date of death: Place of death (city and state or, if outside the United States, city and country): Decedent was a resident of this county at the time of death. Decedent was not a resident of California at the time of death. Decedent died owning property in this county. intestatetestate and a copy of the will and any codicil is affixed as Attachment 5 or 12a. No proceeding for the administration of decedent's estate is being conducted or has been conducted in California. Have not been commenced. Have been commencedand completed. spouse no spouse as follows:divorced or never married spouse deceased registered domestic partner no registered domestic partner (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.) child as follows:natural or adoptednatural adopted by a third party no child issue of a predeceased child no issue of a predeceased child SUPERIOR COURT OF CALIFORNIA, COUNTY OF BRANCH NAME: CITY AND ZIP CODE: STREET ADDRESS: MAILING ADDRESS: FOR COURT USE ONLY CASE NUMBER: PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY and Personal Property (Estates of $166,250 or Less) DE-310 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE:ZIP CODE:CITY: STREET ADDRESS: FIRM NAME: NAME: STATE BAR NO.: TELEPHONE NO.:FAX NO.: EMAIL ADDRESS: ATTORNEY FOR (name): MATTER OF (name): DECEDENT HEARING DATE AND TIME:DEPT.: requests a determination that the real property described in item 11 is property passing to petitioner and that no administration of decedent's estate is necessary. isis not Decedent's personal representative's consent to use the procedure provided by Probate Code section 13150 et seq. is attached as Attachment 6b. at decedent's death. The names and addresses of all persons serving as guardian or conservator 16. 17. * (Signature of all petitioners also required (Prob. Code, § 1020).) (SIGNATURE OF ATTORNEY)* I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (SIGNATURE OF PETITIONER) 2 DE-310 [Rev. January 1, 2020] 1 See Probate Code section 13152(c) for the requirement that a copy of the will be attached in certain instances. If required, include as Attachment 5 or 12a. 2 Each person named in item 1 must sign. PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY (Estates of $166,250 or Less) Page 2 of 2 18. Decedent's estate was under aguardianshipconservatorship are listed beloware listed in Attachment 17. Number of pages attached: Date: (TYPE OR PRINT NAME OF ATTORNEY) Date: SIGNATURE(S) OF ADDITIONAL PETITIONERS ATTACHED CASE NUMBER: MATTER OF (name): DECEDENT DE-310 (TYPE OR PRINT NAME OF PETITIONER) (TYPE OR PRINT NAME OF PETITIONER)(SIGNATURE OF PETITIONER) 2 Each petitioner is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest in the real property because each petitioner is: a. b. The specific property interest claimed by each petitioner in the real property The names and addresses of all persons named as executors in decedent's will 12. 13. 14. 15. Attachment 11 contains (1) the legal description of decedent's real property and its Assessor's Parcel Number (APN) and11. The names, relationships to decedent, ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner of (1) all persons named or checked in items 1, 9, and 10; (2) all other heirs of decedent; and (3) all devisees of decedent (persons designated in the will to receive any property) are listed in Attachment 14. a. b. c. d. 10. Decedent is survived by (complete if decedent was survived by (1) a spouse or registered domestic partner described in Prob. Code, § 37 but no issue (only a or b apply); or (2) no spouse or registered domestic partner described in Prob. Code, § 37, or issue. Check the first box that applies.): A parent or parents who are listed in item 14. A brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 14. Other heirs under Probate Code section 6400 et seq., all of whom are listed in item 14. No known next of kin. a description of personal property and personal property described in item 11 (will) A beneficiary who succeeded to the property under decedent's will. 1 (no will) A person who succeeded to the property under Probate Code sections 6401 and 6402. and personal property is stated in Attachment 13 is as follows (specify): are listed belowNo executor is named.There is no will.are listed in Attachment 15 in California passing to petitioner; (2) decedent's interest in the property; and, (3) if a petitioner's claim to the property is based on succession under Probate Code sections 6401 and 6402, facts that show the character of the property as community, separate, or quasi-community property. Petitioner is the trustee of a trust that is a devisee under decedent's will. The names and addresses of all persons interested in the trust, as determined in cases of future interests under paragraphs (1), (2), or (3) of subdivision (a) of Probate Code section 15804, are listed in Attachment 16. Print this formSave this formClear this form For your protection and privacy, please press the Clear This Form button after you have printed the form.