Primary-Residence Petition — California Probate Code §§ 13150–13157

California's primary-residence petition is a short court procedure in Division 8 of the Probate Code. If a decedent died leaving real property that was their primary residence in this state, and its gross value does not exceed $750,000, as adjusted periodically in accordance with § 890, and 40 days have passed since the death, a successor of the decedent may file a petition in the superior court asking for an order that the successor has succeeded to that property, without procuring letters of administration or waiting for the will to be probated (§ 13151(a)). The current text of §§ 13150, 13151, 13152 and 13154 was amended effective January 1, 2025 (history notes, §§ 13150–13152, 13154).

This page walks through the statute section by section: who qualifies and when the procedure is available, how the dollar limit is set for the date of death, what the petition must contain, and what the order does. The dollar limit depends on when the decedent died, and the statute says it is adjusted over time, so the page states the figures the statute gives plus the adjusted amount the Judicial Council has published (§§ 13152(f), 890).

The petition is filed by the successor of the decedent to an interest in the real property (§ 13151(a)). A "successor" is, if the decedent left a will, the sole beneficiary or all of the beneficiaries who succeeded to that particular item of property under the will — and a trust counts as a beneficiary if it succeeds to the property under the will (§ 13006(a)). If the decedent left no will, a successor is the sole person or all of the persons who succeeded to the property under §§ 6401 and 6402 (or under the law of a sister state or foreign nation, if that law governs succession to the property) (§ 13006(b)).

The procedure may be used only if one of two things is true: either no proceeding is being or has been conducted in California to administer the decedent's estate, or the decedent's personal representative consents in writing to using this procedure to determine that the primary residence is property passing to the petitioners (§ 13150(a), (b)(1)). For this chapter, "primary residence" is not limited to the decedent's residence at the time of death (§ 13150(b)(2)).

Two thresholds must both be met: the gross value of the real property must not exceed $750,000, as adjusted periodically in accordance with § 890, and 40 days must have elapsed since the death (§ 13151(a)). The petition is filed in the superior court of the county in which the decedent's estate may be administered (§ 13151(a)).

A successor who files the petition must deliver a notice of the petition to each heir and devisee named in the petition within five business days of filing (§ 13151(b)). The persons named are those listed under § 13152(a)(7): the name, age, address, and relation to the decedent of each heir and devisee, and the names and addresses of everyone named as executor of the decedent's will (§ 13152(a)(7)).

The petition must be verified by each petitioner, must ask the court for an order that the described property is property passing to the petitioner, and must state: the facts showing it is filed in the proper county; the gross value of the primary residence as shown by the attached inventory and appraisal, which may not exceed the applicable dollar amount; a description of the real property and the facts supporting the allegation that it was the decedent's primary residence; the facts supporting the allegation that it is passing to the petitioner; either a statement that no administration of the estate is or has been conducted in California or a statement that the personal representative consented in writing; whether estate proceedings have begun in any other jurisdiction; the heirs, devisees and named executors described above; and the name and address of any guardian or conservator of the decedent's estate at the time of death, so far as known (§ 13152(a)(1)–(8)).

Several documents must be attached. An inventory and appraisal of the primary residence, in the form set forth in § 8802, appraised by a probate referee whom the petitioner selects from those the Controller has appointed to appraise property in the county where the real property is located (§ 13152(b)). A copy of the will, if the petitioner's claim is based on the will (§ 13152(c)). A copy of the personal representative's written consent, if the petition relies on one (§ 13152(d)). And, if the decedent died on or after April 1, 2022, the list of adjusted dollar amounts published under § 890(c) that was in effect on the date of death (§ 13152(e)).

The statute states the dollar amount for the value requirement by date of death (§ 13152(f)): for a death before April 1, 2022, $166,250 (§ 13152(f)(1)); for a death on or after April 1, 2022 through March 31, 2025, the adjusted dollar amount published under § 890(c) and in effect on the date of death (§ 13152(f)(2)); for a death on or after April 1, 2025 through March 31, 2028, $750,000 (§ 13152(f)(3)); and for a death on or after April 1, 2028, the adjusted dollar amount published under § 890(c) and in effect on the date of death (§ 13152(f)(4)).

The Judicial Council's published list gives $184,500 for a death from April 1, 2022 through March 31, 2025; the amount for deaths on or after April 1, 2028 has not been set yet. The petition must attach the list in effect on the date of death for any death on or after April 1, 2022 (§ 13152(e)).

Notice of the hearing must be given as provided in § 1220 to each of the persons named in the petition under § 13152 (§ 13153). The court may make the order only if it determines all of the following: the gross value of the primary residence does not exceed $750,000, as adjusted periodically in accordance with § 890; not less than 40 days have elapsed since the death; either no administration is or has been conducted in California or the personal representative has consented in writing; and the property described in the order is property of the decedent passing to the petitioner (§ 13154(b)).

If the petition attaches an inventory and appraisal that satisfies § 13152(b), the court makes the value determination on the verified petition and the attached inventory and appraisal, unless a person opposing the petition offers evidence that the gross value exceeds the limit (§ 13154(c)). When the findings are made, the court issues an order describing the real property and stating each petitioner's specific interest in it (§ 13154(a)). Once an order becomes final, it is conclusive on all persons, whether or not they are in being (§ 13155).

A petitioner who receives the property under the order is personally liable for the decedent's unsecured debts (§ 13156(a)), but not beyond the fair market value of the property received, measured at the date of the decedent's death, less the amount of any liens and encumbrances on it (§ 13156(b)). The petitioner may assert any defense, cross-complaint or setoff that would have been available to the decedent had the decedent not died (§ 13156(c)), nothing in the section permits enforcement of a claim that is barred under Part 4 (commencing with § 9000) of Division 7 (§ 13156(d)), and § 13156(e) states that Code of Civil Procedure § 366.2 applies in an action under the section; that section is not summarized here. Attorney's fees for the petition and order are set by private agreement and are not subject to court approval, and if the parties have no agreement, or dispute what the agreement means, a petition may be filed in the same proceeding asking the court to decide the dispute (§ 13157).

Whose property counts is governed by § 13050, which says that for purposes of that part, property the decedent held as a joint tenant, property in which the decedent had a life or other interest ending at death, property that passed to a surviving spouse under § 13500, and property in a trust revocable by the decedent are excluded in determining the property or estate of the decedent or its value (§ 13050(a)(1)); vehicles, vessels and certain manufactured homes and similar units registered under the cited Vehicle Code and Health and Safety Code provisions are also excluded (§ 13050(b)). The Judicial Council adjusts the Division 8 dollar amounts every three years beginning April 1, 2022, based on the change in the Consumer Price Index for All Urban Consumers, rounded to the nearest twenty-five dollars, and an adjustment does not apply when the decedent's death preceded the date of adjustment (§ 890(a), (b), (d)).

This page is general information, not legal advice. Read the enacted text linked below, and talk to a probate lawyer about a specific estate.