Chapter 4 - Court Order Determining Succession to Property

California Probate Code — §§ 13150-13157

Sections (8)

Amended by Stats. 2024, Ch. 331, Sec. 3. (AB 2016) Effective January 1, 2025.

The procedure provided by this chapter may be used only if one of the following requirements is satisfied:

(a)No proceeding is being or has been conducted in this state for administration of the decedent’s estate.

(b)(1) The decedent’s personal representative consents in writing to use of the procedure provided by this chapter to determine that real property that was the decedent’s primary residence is property passing to the petitioners.

(2)For purposes of this chapter, “primary residence” is not limited to the decedent’s residence

at the time of their death.

§ 13151

Amended by Stats. 2024, Ch. 331, Sec. 4. (AB 2016) Effective January 1, 2025.

(a)If a decedent dies leaving real property that was their primary residence in this state and the gross value of that real property does not exceed seven hundred fifty thousand dollars ($750,000), as adjusted periodically in accordance with Section 890, and 40 days have elapsed since the death of the decedent, the successor of the decedent to an interest in that real property, without procuring letters of administration or awaiting the probate of the will, may file a petition in the superior court of the county in which the estate of the decedent may be administered requesting a court order determining that the petitioner has

succeeded to that real property.

(b)A successor who files a petition pursuant to subdivision (a) shall deliver a notice of the petition to each heir and devisee named in the petition pursuant to paragraph (7) of subdivision (a) of Section 13152 within five business days of filing the petition.

§ 13152

Amended by Stats. 2024, Ch. 331, Sec. 5. (AB 2016) Effective January 1, 2025.

(a)The petition shall be verified by each petitioner, shall contain a request that the court make an order under this chapter determining that the property described in the petition is property passing to the petitioner, and shall state all of the following:

(1)The facts necessary to determine that the petition is filed in the proper county.

(2)The gross value of the real property that was the decedent’s primary residence in this state, as shown by the inventory and appraisal attached to the petition, does not exceed the dollar amount specified in subdivision (f).

(3)A description of the particular item of real property in this state that the petitioner alleges is property of the decedent passing to the petitioner and the facts upon which the petitioner bases the allegation that the described real property was the decedent’s primary residence.

(4)The facts upon which the petitioner bases the allegation that the described property is property passing to the petitioner.

(5)Either of the following, as appropriate:

(A)A statement that no proceeding is being or has been conducted in this state for administration of the decedent’s estate.

(B)A statement that the decedent’s personal representative has consented

in writing to use of the procedure provided by this chapter.

(6)Whether estate proceedings for the decedent have been commenced in any other jurisdiction and, if so, where those proceedings are pending or were conducted.

(7)The name, age, address, and relation to the decedent of each heir and devisee of the decedent, the names and addresses of all persons named as executors of the will of the decedent, and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, the names and addresses of all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804, so far as known to any petitioner.

(8)The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedent’s death, so far as known to any petitioner.

(b)An inventory and appraisal in the form set forth in Section 8802 of the

real property that was the decedent’s primary residence in this state shall be attached to the petition. The appraisal shall be made by a probate referee selected by the petitioner from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located. The appraisal shall be made as provided in Part 3 (commencing with Section 8800) of Division 7.

(c)If the petitioner bases the petitioner’s claim to the described property upon the will of the decedent, a copy of the will shall be attached to the petition.

(d)If the decedent’s personal representative has consented to use of the procedure provided by this chapter, a copy of the consent shall be attached to the petition.

(e)If the decedent dies on or after April 1, 2022, the list of adjusted dollar amounts, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death shall be attached to the petition.

(f)(1) If the decedent dies prior to April 1, 2022, the dollar amount for paragraph (2) of subdivision (a) is one hundred sixty-six thousand two hundred fifty dollars ($166,250).

(2)If the decedent dies on or after April 1, 2022, through March 31, 2025, the dollar amount for paragraph (2) of subdivision (a) is the adjusted dollar amount, published in accordance with

subdivision (c) of Section 890, in effect on the date of the decedent’s death.

(3)If the decedent dies on or after April 1, 2025, through March 31, 2028, the dollar amount for paragraph (2) of subdivision (a) is seven hundred fifty thousand dollars ($750,000).

(4)If the decedent dies on or after April 1, 2028, the dollar amount for paragraph (2) of subdivision (a) is the adjusted dollar amount, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death.

§ 13153

Enacted by Stats. 1990, Ch. 79.

Notice of the hearing shall be given as provided in Section 1220 to each of the persons named in the petition pursuant to Section 13152.

§ 13154

Amended by Stats. 2024, Ch. 331, Sec. 6. (AB 2016) Effective January 1, 2025.

(a)If the court makes the determinations required under subdivision (b), the court shall issue an order determining that the real property that was the decedent’s primary residence, to be described in the order, is property passing to the petitioners and the specific property interest of each petitioner

in the described property.

(b)The court may make an order under this section only if the court makes all of the following determinations:

(1)The gross value of the real property that was the decedent’s primary residence in this state does not exceed seven hundred fifty thousand dollars ($750,000), as adjusted periodically in accordance with Section 890.

(2)Not less than 40 days have elapsed since the death of the decedent.

(3)Whichever of the following is appropriate:

(A)No proceeding is being or has been conducted in this state for administration of the decedent’s

estate.

(B)The decedent’s personal representative has consented in writing to use of the procedure provided by this chapter.

(4)The property described in the order is property of the decedent passing to the petitioner.

(c)If the petition has attached an inventory and appraisal that satisfies the requirements of subdivision (b) of Section 13152, the determination required by paragraph (1) of subdivision (b) of this section shall be made on the basis of the verified petition and the attached inventory and appraisal, unless evidence is offered by a person opposing the petition that the gross value of the

real property that was the decedent’s primary residence in this state exceeds seven hundred fifty thousand dollars ($750,000), as adjusted periodically in accordance with Section 890.

§ 13155

Amended by Stats. 1991, Ch. 1055, Sec. 46.

Upon becoming final, an order under this chapter determining that property is property passing to the petitioner is conclusive on all persons, whether or not they are in being.

§ 13156

Amended by Stats. 1992, Ch. 178, Sec. 41. Effective January 1, 1993.

(a)Subject to subdivisions (b), (c), and (d), the petitioner who receives the decedent’s property pursuant to an order under this chapter is personally liable for the unsecured debts of the decedent.

(b)The personal liability of any petitioner shall not exceed the fair market value at the date of the decedent’s death of the property received by that petitioner pursuant to an order under this chapter, less the amount of any liens and encumbrances on the property.

(c)In any action or proceeding based upon an unsecured debt of the decedent, the petitioner may assert any defense, cross-complaint, or setoff which would have been available to the decedent if the decedent had not died.

(d)Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7.

(e)Section 366.2 of the Code of Civil Procedure applies in an action under this section.

§ 13157

Enacted by Stats. 1990, Ch. 79.

The attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter shall be determined by private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute.