What Is Form DE-310?
Form DE-310, Petition to Determine Succession to Real Property, is a petition that asks the court to transfer a qualifying property (including a primary residence) without a full probate administration, under California's current real-property threshold.
When & Where DE-310 Fits
You file DE-310 when real property value falls under the current succession threshold and you want a court order confirming the transfer. This form is often handled by self-represented filers, though an attorney can review it. It sits in the spousal & small estate stage of a California probate. For the full sequence of forms and steps, see the California probate guide and the documents checklist.
How to Get Form DE-310 (Free)
Get it free from the California Courts
DE-310 is an official Judicial Council form. Download the current version directly from the California Courts self-help form finder — you should never pay a third-party site for a form the court provides for free.
Official DE-310 on CA Courts →Fill it using Adobe Reader (some browsers won't save your entries), and always use the current mandatory revision, since clerks reject outdated versions. Many California counties require you to e-file through an approved provider — check your county's court page for local rules.
Tips & Common Mistakes
- The real-property threshold rose significantly under AB 2016 (effective April 1, 2025) — check current figures.
- This is faster than full probate but still requires a court hearing.
- Confirm the current threshold with our small estate checker.
Form DE-310 FAQ
Not sure you're filing DE-310 correctly?
A rejected filing can cost weeks, and personal-representative mistakes carry personal liability. A California probate attorney can prepare the packet correctly — and the fee usually comes from the estate, not your pocket.