Petition to Determine Succession to Primary Residence - New Changes in 2025

Effective April 1, 2025, California made significant changes to the probate process, particularly for estates with primary residences valued at up to $750,000. These changes, introduced by Assembly Bill 2016 (AB 2016), streamline the transfer of some properties, reducing the need for formal probate proceedings.

At Jenkins & Jenkins, we can help you navigate these changes, making it easier for you to transfer property without the stress of formal probate.

What is a Petition to Determine Succession to Primary Residence?

A Petition to Determine Succession to Primary Residence is a special legal process used to transfer real property owned by a decedent without the need for formal probate.

This is to transfer title of property that was left in the decedent’s name without a beneficiary designation and that was never placed into a trust (if a trust was made but the property was never transferred, a Heggstad Petition may work as well).

This petition allows the heirs or beneficiaries to petition the court to determine who is entitled to the property, without the need for full probate proceedings.

Thanks to AB 2016, this process is even more accessible for estates with primary residences valued up to $750,000.

What Changed on April 1, 2025?

California’s probate process is now a lot easier for estates that include a primary residence valued under the threshold, only.

Here’s what you need to know about the changes:

• Increased Value Threshold: Starting April 1, 2025, the value limit for a decedent’s primary residence to qualify for a simplified probate process increased to $750,000—up from the historical $184,500 threshold. This allows more estates to take advantage of the streamlined process.

• Primary Residence Definition: The law now clearly defines "primary residence" to include properties that were the decedent’s main home, even if it wasn’t their residence at the time of death. This will help many families manage inherited properties more easily.

• Notification Requirements: Successors filing the petition will need to notify all heirs and beneficiaries listed in the petition. This ensures transparency and due process, so everyone involved is aware of the proceedings.

Why Is This Important?

These changes offer a great opportunity for those handling estates with primary residences valued under $750,000. Here’s why:

• Simplified Process: Instead of going through the lengthy and costly formal probate process, you may choose to file a Petition to Determine Succession to Real Property. This is a quicker, more efficient way to transfer property without all the complications of formal probate.

• Save Time and Money: By avoiding full probate, beneficiaries save on legal fees and can access inherited property much faster.

Is This Petition Right for My Situation?

While this petition will open up probate alternatives to many, it still may NOT be the right fit for everyone. This petition may not be right for you if:

• A Dispute Exists: Because all persons claiming an interest have to join in signing the petition, disputes among family members may prevent this easy route in certain cases.

• A Property Needs to Be Sold ASAP: While this petition will involve less overall work in the Probate Courts, it may take longer to get into Court for the single hearing. If a property needs to be sold as soon as possible, it may still make sense to file a general probate to get someone appointed as Executor and able to sell property in as little as 30 days.

• Co-Ownership Concerns: Related to #1, if there are concerns that co-ownership of property will produce a different legal action (like a partition action when there’s a disagreement as to selling vs. keeping the property), it may be best to have an Executor appointed in a general probate matter. This allows for one decision maker regarding estate matters and may help avoid ongoing legal disputes about the property.

Deciding which path to go down in Probate can be an overwhelming process without the right legal counsel on your side. At Jenkins & Jenkins, we dedicate our Probate practice to San Diego County only, so we know first-hand what petitions will (and won’t) work in our local courts. We’ll guide you on what options you have and what may be the best fit based on your unique situation.

Why Choose Jenkins & Jenkins?

At Jenkins & Jenkins, we have extensive experience helping clients navigate the complexities of estate planning and probate. Here’s why our clients trust us:

✅ Clear Guidance – We’ll help you understand how new laws affect your estate and help you decide on the best course of action.

✅ Efficient, Remote Services – We offer a streamlined, 100% virtual process to make handling your estate easy and convenient.

✅ Personalized Attention – We take the time to listen to your unique situation and offer tailored advice that meets your needs.

✅ Trusted Legal Expertise – With years of experience in California probate law, we provide expert advice and efficient solutions for your estate planning needs.

Not sure how the new Petition to Determine Succession to Primary Residence rules will impact you? Let’s talk. Contact us for a free consultation to discuss your options and get the legal guidance you need.