DE-310 Petition to Determine Succession to Real Property 2026

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The document is a legal form (DE-310) used in California to petition for the determination of succession to real and personal property following the death of an individual (decedent). It outlines the necessary information regarding the decedent, including their date and place of death, details about their estate, and the claimants seeking to inherit property. The form requires information on whether the decedent had a will, the value of the estate, and details about surviving relatives or potential heirs.

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Click ‘Get Form’ to open the DE-310 Petition in our editor.
Begin by filling in your name, firm name, address, and contact information at the top of the form. This identifies you as the petitioner.
In section 1, list all petitioners claiming an interest in the property. Ensure each name is clearly stated.
Complete sections 2 through 8 by providing details about the decedent, including their date and place of death, and confirming that at least 40 days have passed since their passing.
In section 9, indicate whether the decedent is survived by a spouse or children. Check appropriate boxes based on your situation.
Attach any necessary documents as specified in sections 11 through 17, ensuring all required attachments are included for clarity.
Finally, sign and date the form at the bottom. Each petitioner must provide their signature for validation.

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Versions	Form popularity	Fillable & printable
2023	4.5 Satisfied (41 Votes)
2012	4.9 Satisfied (441 Votes)

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Who is authorized under section 13051 of the California probate Code?

(B) The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedents interest in the described property.

What is a petition for order determining heirs?

What is the Purpose of filing a Petition to Determine Heirship: Any interested person who may be affected by the ownership of real property may petition the court to determine the following: That decedent died without a will; The identity of decedents heirs; The share of the estate that each heir is entitled to; and.

What is the probate code 13151?

(a) If a decedent dies leaving real property that was their primary residence in this state and the gross value of that real property does not exceed seven hundred fifty thousand dollars ($750,000), as adjusted periodically in ance with Section 890, and 40 days have elapsed since the death of the decedent, the

What is the probate code 13501 in California?

(a) Property passing to someone other than the surviving spouse under the decedents will or by intestate succession. (b) Property disposed of in trust under the decedents will. (c) Property in which the decedents will limits the surviving spouse to a qualified ownership.

What is the probate code 13601 in California?

13601. (a) To collect salary or other compensation under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state shall be furnished to the employer of the deceased spouse stating all of the following: (1) The name of the decedent. (2) The date and place of the decedents death.

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What is an order determining succession to real property?

An order determining succession to real property is an alternative petition to get a court order transferring the property.

How do I petition someone to determine heirship in California?

To establish heir status in California, you may file an affidavit of heirship in the Superior Court of the county where your deceased family members property is located. California family code states that the petition must include the heirs basic information including a description of the property you are claiming,

What probate code is beneficiary?

Beneficiary means a person to whom a donative transfer of property is made or that persons successor in interest, and: (a) As it relates to the intestate estate of a decedent, means an heir. (b) As it relates to the testate estate of a decedent, means a devisee.