Some inherited San Diego homes can transfer without full probate administration. The answer starts with how the deceased owner held title, when the owner died, what property is being transferred and which value test applies.
For a death from April 1, 2025, through March 31, 2028, California provides a court-petition route for a qualifying California primary residence with a gross value of no more than $750,000. That is a different procedure from the small-estate affidavit used to collect bank accounts and other personal property. A separate affidavit for real property has a much lower value limit.
For a family considering a sale, the useful first step is to assemble the records that identify the available route. Then the attorney, title company and broker can connect that process to who will sign and when the property can be marketed and sold.
Find the question you need to answer
Start with the deed, before the dollar limit
Obtain the latest recorded deed, the death certificate, any will or trust documents, and any existing court appointment or orders. A family’s description of the home as “part of the estate” may cover several different ownership arrangements.
A home held in a trust, an interest passing by survivorship, and property covered by a valid transfer-on-death arrangement each call for their own review. The California Courts overview of simpler transfers explains these starting points. If the deed and trust support a trustee sale, our successor trustee’s home-sale guide follows that route in more detail.
A surviving spouse or registered domestic partner may also have a separate procedure available. The Spousal or Domestic Partner Property Petition, form DE-221, addresses property passing to that person and confirmation of property already belonging to them. The ownership history and legal entitlement determine its use.
For the initial review, make a short record with these six entries:
- Title: the exact owner names, ownership form and interest shown on the deed.
- Date of death: taken from the death certificate.
- Use of the home: whether and when it was the deceased owner’s primary residence, with supporting records.
- Other property: additional real estate, accounts and other assets, including how each was owned.
- Existing proceedings: any California probate case, court orders, or estate proceeding elsewhere.
- People claiming the property: the will, relevant trust provisions, family relationships and any disagreement about entitlement.
An incomplete deed or a missing trust transfer can change the question substantially. Resolve that with the attorney and title company before choosing a form from a dollar figure alone.
Three procedures that should be kept separate
The following comparison uses the current limits for a person who died on or after April 1, 2025, and before April 1, 2028. It highlights the main screening questions; each procedure has additional requirements.
| Procedure | Property and value test | Earliest timing requirement |
|---|---|---|
| Primary-residence petition — DE-310 | The deceased person’s California primary residence; gross value no more than $750,000 | At least 40 days after death before filing |
| Personal-property affidavit — Probate Code section 13100 | Transfers personal property. The gross-value test for the counted California estate is no more than $208,850, after the applicable exclusions | At least 40 days after death |
| Real-property small-value affidavit — DE-305 | All counted California real property in the estate, together, has a gross value no more than $69,625 | At least six months after death before filing |
The official DE-300 value table identifies the amounts and what each test counts.
The $750,000 route still involves the court
The Petition to Determine Succession to Primary Residence, DE-310, asks the court to determine who succeeds to the home. It requires an inventory and appraisal, with the appraisal performed by a probate referee. The form also asks for facts supporting the primary-residence claim and each petitioner’s right to the property.
There are notice and hearing requirements. Probate Code section 13151 requires notice of the petition to the identified heirs and devisees within five business days after filing; section 13153 separately addresses hearing notice. Have the attorney plan both parts of the process. The 40-day threshold is an earliest filing point, not a promised transfer or closing date.
If the court grants the petition, DE-315 identifies the property and each petitioner’s interest. That succession order serves a different purpose from appointing a representative to administer the whole estate.
There is an important residence detail: section 13150 says primary residence is not limited to the person’s residence at death. A move into a care facility, for example, should prompt a review of the history and supporting facts rather than an automatic conclusion either way. A separate rental that was never the deceased person’s primary residence does not fit this route merely because its value is below $750,000.
The personal-property affidavit does not transfer the house
The section 13100 procedure is used for eligible personal property, such as money in an account. Its estate-value calculation can include real property, even though the affidavit cannot transfer that real property.
Section 13100 excludes property described in section 13050 and property included in a filed section 13151 petition. That means the home and a bank account may need different procedures, and the exclusions can affect the account’s eligibility. Give the attorney a complete asset list so the combined plan addresses both.
The real-property affidavit has its own narrow test
DE-305, Affidavit re Real Property of Small Value, looks at the total counted California real property in the estate, subject to the section 13050 exclusions. The $69,625 limit is not a separate allowance for each parcel.
This procedure also requires an inventory and appraisal, with the appraisal performed by a probate referee. It has additional conditions concerning succession, existing administration and payment of funeral expenses, last-illness expenses and unsecured debts. Those details matter even when a small land interest or other property appears to be below the value limit. The current form was revised January 1, 2026.
Use the date of death and gross value, not today’s equity
The applicable limit follows the date of death. Waiting to file until a newer, higher limit exists does not move an older estate into that limit. For the primary-residence petition, the current DE-310 lists:
| Date of death | Maximum gross value |
|---|---|
| Before April 1, 2022 | $166,250 |
| April 1, 2022–March 31, 2025 | $184,500 |
| April 1, 2025–March 31, 2028 | $750,000 |
The form uses the gross value of the deceased person’s interest at death, supported by the required appraisal. Have the attorney and probate referee address the actual ownership interest, especially where someone else also held title. A proposed listing price, tax assessment or online estimate does not replace that appraisal.
Consider a hypothetical home owned entirely by the deceased person, with a date-of-death value of $820,000 and a $500,000 mortgage. Subtracting the loan produces $320,000 in apparent equity, but the primary-residence value test still uses $820,000. The mortgage does not bring the property below the $750,000 limit.
Conversely, suppose the required appraisal supports a $730,000 date-of-death value, while the likely sale price several months later is $780,000. The petition’s valuation date and the broker’s current sale analysis answer different questions. Keep both records and have the attorney assess eligibility from the required appraisal rather than substitute today’s asking price.
Our inherited-home pricing guide explains how to build the current market analysis. For the transfer limits, Probate Code section 890 and DE-300 provide for the next scheduled adjustment on April 1, 2028. Use the then-current law and forms when the transfer is being reviewed.
Connect the transfer decision to the listing and closing
Ask the attorney and title company to identify the document that will establish each seller’s ownership or authority, the interests involved, and the steps still required before an insurable closing. For a succession petition, that means planning around the court’s actual order and title’s requirements rather than treating the filed petition as the finished transfer.
If a California estate administration is already underway or has previously occurred, the primary-residence procedure requires the personal representative’s written consent. Bring that case information forward early. The attorney can decide how the available procedure fits the estate; the broker can then plan around the confirmed signing authority.
Keep three sale milestones separate:
- Property assessment: what information, lawful access and authority are available for evaluating condition, pricing and preparation?
- Listing and contract: who may sign, in what capacity, and after which required step?
- Closing: which orders, recorded documents, payoffs, signatures and possession arrangements must title and escrow have?
Blum Realty Group can prepare a current pricing analysis and compare a modest preparation plan with selling in the home’s existing condition. That lets the family consider the property economics while the legal transfer work proceeds. If the home instead needs a sale through a probate administration, use the executor’s listing-and-sale authority guide for that separate process.
Include debts in the planning discussion. Section 13156 provides for a recipient’s liability for unsecured debts, subject to limits and defenses. Simplified succession therefore needs a debt review as well as a title review. For an outstanding home loan, our inherited-home mortgage guide explains the sale-payoff and carrying-cost work.
Property-tax reporting and Proposition 19 are another part of the file. Confirming a transfer route does not decide those tax questions; the inherited-home Proposition 19 guide addresses that review. Keep the legal transfer, tax treatment and current sale analysis coordinated without treating one as the answer to all three.
Common inherited-home transfer questions
Does a San Diego home worth less than $750,000 automatically qualify?
No. For the current $750,000 primary-residence petition limit, the death must fall from April 1, 2025, through March 31, 2028. The property must meet the California primary-residence requirement, the required date-of-death appraisal must support the value, and the petitioner must satisfy the other succession, notice and procedural requirements.
Can we use the $208,850 small-estate affidavit to transfer a house?
The personal-property affidavit under section 13100 cannot transfer a house or land. Its estate-value calculation and exclusions must be checked separately from the primary-residence petition or the small-value real-property affidavit.
What if the owner moved out before death?
Probate Code section 13150 says primary residence is not limited to the residence at death. Give the attorney the property’s use and ownership history so the primary-residence claim can be evaluated and supported in the petition.
Does a large mortgage reduce the home’s value for this test?
The primary-residence petition uses gross value, not equity after subtracting a mortgage. The required appraisal addresses the deceased person’s interest at death; a loan payoff belongs in the separate sale-proceeds calculation.
Can we start planning a sale while the transfer is pending?
Yes. With lawful access and appropriate authorization, you can gather records, discuss current value and compare preparation options. Have the attorney and title company confirm the signers and required transfer documents before committing to a listing, purchase agreement or closing timetable.