DE-315 ORDER DETERMINING SUCCESSION TO REAL PROPERTY 2026

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  1. Click ‘Get Form’ to open the DE-315 in our editor.
  2. Begin by filling in your details as the attorney or party without an attorney, including your name, firm name, address, and contact information.
  3. Next, provide the estate details. Enter the decedent's name and case number in the designated fields.
  4. Indicate the date of hearing and judicial officer's name. Ensure you check whether notice has been given as required by law.
  5. Fill out the findings regarding the decedent’s residency status and whether they died intestate or testate.
  6. Confirm that at least 40 days have passed since the decedent’s death and that no administration proceedings are ongoing.
  7. Detail the gross value of real and personal property, ensuring it does not exceed specified limits based on the date of death.
  8. Identify each petitioner’s relationship to the decedent and their specific property interests in Attachment 8b.
  9. Review all entries for accuracy before finalizing your document. Use our platform's features to save or print your completed form.

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(a) Except as provided in Section 10207, no sale of real property at private sale shall be confirmed by the court unless all of the following conditions are satisfied: (1) The real property has been appraised within one year prior to the date of the confirmation hearing.
(a) The testator may by will confer on a person the power to designate an executor or coexecutor, or successor executor or coexecutor. The will may provide that the persons so designated may serve without bond. (b) A designation shall be in writing and filed with the court.
Probate Code 10308 provides that all sales of real property, whether by private sale or public auction, shall be with court confirmation unless the personal representative has been granted full authority under the Independent Administration of Estate Act (IAEA) as outlined in Probate Code 10500 to 10538.
(a) A health care provider may decline to comply with an individual health care instruction or health care decision for reasons of conscience.
Probate Code 10000 states that the personal representative may sell real or personal property of the estate where the sale is necessary to pay debts, where the sale is to the advantage of the estate, where the Will directed the property to be sold or where the authority is given in the Will to sell the property.

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CHAIN OF TITLE: The succession of conveyances, from some accepted starting point, whereby the present holder of real property derives his or her title. CHATTEL: Moveable items considered to be personal property and not real property.

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