Petition to Determine Succession to Real Property in California

A Simplified Way to Transfer Real Property Without Full Probate

When a loved one passes away owning a home, many families assume probate is unavoidable. In reality, California law offers a Petition to Determine Succession for certain small estates that include real property, allowing heirs to transfer ownership with a single court proceeding instead of a full probate administration.


At Clavel Law, we help heirs across Southern California determine whether this streamlined option applies and guide them through the process with clarity and care.

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What Is a Petition to Determine Succession?

A Petition to Determine Succession is a simplified probate court procedure used for small estates that include real property, such as a primary residence. When the estate’s total value falls under California’s statutory limit, the court can issue an order determining who legally inherits the property — without opening a full probate case.


This process is often used by children or close family members when a modest estate includes a home and the goal is to transfer ownership efficiently and lawfully.

When a Succession Petition Can Be Used

A Petition to Determine Succession may be available when:

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The total estate value falls below California’s small-estate threshold

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At least 40 days have passed since the date of death

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No formal probate case has been opened

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All heirs or successors are identified and in agreement

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The estate includes real property that must be transferred

This procedure is governed by California Probate Code provisions and is intended to provide a faster alternative to full probate for qualifying estates.

How the Succession Process Works

Although simplified, this process still requires court approval. In most cases, the steps include:

Preparing and filing the petition with the probate court in the county where the property is located

Completing the required court forms, including the Petition to Determine Succession

Obtaining an appraisal of the property through a probate referee

Providing notice to all heirs and interested parties

Attending a court hearing, typically the only hearing required

Receiving a court order determining succession, which allows the property to be retitled

Unlike formal probate, there is no ongoing administration — just this one-time court determination.

Why Families Choose a Succession Petition

When an estate qualifies, a Petition to Determine Succession can:

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Transfer a home without full probate

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Significantly reduce the time required to settle the estate

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Lower court costs and legal fees

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Avoid months or years of ongoing probate administration

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Provide clear legal ownership to heirs

For many families, this option allows property to be transferred in a matter of months rather than over a year.

Avoiding Delays and Court Rejections

Even though this is a simplified process, errors in valuation, paperwork, or notice can result in delays or denial by the court. Ensuring the estate qualifies under the value limits and that all procedural steps are handled correctly is critical.



Clavel Law helps by:

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Confirming eligibility under California law

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Coordinating the required probate referee appraisal

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Preparing accurate and complete court filings

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Representing heirs at the court hearing

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Ensuring the final order can be used to retitle the property

We regularly assist families with succession petitions in probate courts throughout Southern California, including Orange County and San Bernardino County.

Exploring All Available Alternatives

Not every small estate with real property qualifies for this procedure. In some cases, other simplified options may apply, depending on the assets involved.

If the estate does not include real property, a Small Estate Affidavit may be appropriate.


If the property was intended to be held in a trust, a Heggstad Petition may apply.


We can help determine which option fits your situation.

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Common Questions About Succession Petitions

  • How can I transfer a house without probate in California?

    If the estate qualifies as a small estate under California law, a Petition to Determine Succession may allow the transfer with a single court proceeding instead of full probate.

  • What is the Petition to Determine Succession used for?

    It is used to determine who legally inherits real property when the estate value falls under the statutory limit.

  • Do all heirs need to agree?

    Yes. All identified heirs or successors must be notified and generally must be in agreement for the petition to proceed smoothly.

  • How long does the process take?

    Many cases are resolved within a few months, depending on court schedules and how quickly documents are prepared.

Not Sure If a Succession Petition Applies to Your Situation?

We help families across Southern California determine whether this simplified probate option can save time and expense. Schedule a free consultation to review your estate and explore the fastest path forward.