Form De 310 PDF Details

In the realm of estate management and succession planning, various legal instruments play pivotal roles, and among these, the DE-310 form stands out for its specific function within California's legal framework. Officially known as the Petition to Determine Succession to Real Property and Personal Property (for Estates of $150,000 or Less), this document serves a critical purpose in the probate court proceedings. It essentially allows individuals claiming an interest in a decedent's estate to request a formal declaration from the court, stating that the real and personal property described within the form rightfully passes to the petitioner, thereby eliminating the need for a full-fledged administration of the decedent's estate. This process is contingent upon several criteria, including the value of the estate being under $150,000 and the elapse of at least 40 days since the decedent's passing. The form accommodates varying scenarios, such as the presence or absence of a will, the decedent's residency status, and the enumeration of successors in accordance with the Probate Code. Additionally, it calls for detailed descriptions of the property in question, the relationship of petitioners to the decedent, and the decedent's familial and legal connections at the time of death. The DE-310 form, thereby, plays an indispensable role in facilitating a smoother transition of assets for smaller estates, ensuring that successors can assert their rights without undergoing the more prolonged and often cumbersome traditional probate process.

QuestionAnswer
Form NameForm De 310
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namescourt de 310, petition real, california petition property, ca petition property

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Page 1 of 2
Probate Code, § 13151 www.courts.ca.gov

DE-310

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

 

FOR COURT USE ONLY

 

TELEPHONE NO.:

FAX NO. (Optional):

 

 

 

 

 

 

 

E-MAIL ADDRESS (Optional):

 

 

 

 

 

ATTORNEY FOR (Name):

 

 

 

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

 

STREET ADDRESS:

 

 

 

 

 

MAILING ADDRESS:

 

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

 

MATTER OF

 

CASE NUMBER:

 

 

(Name):

DECEDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HEARING DATE:

 

TIME:

 

PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY

 

 

 

 

And Personal Property (Estates of $150,000 or Less)

 

 

 

 

DEPT.:

 

 

 

 

 

 

 

 

1.Petitioner (name of each person claiming an interest):

requests a determination that the real property

 

and personal property described in item 11 is property passing to

petitioner and that no administration of decedent's estate is necessary.

2.Decedent (name):

a.Date of death:

b.Place of death (city and state or, if outside the United States, city and country):

3.At least 40 days have elapsed since the date of decedent's death.

4.

a.

 

 

Decedent was a resident of this county at the time of death.

 

 

 

b.

 

 

Decedent was not a resident of California at the time of death. Decedent died owning property in this county.

 

 

 

 

 

 

5.

Decedent died

 

intestate

 

testate and a copy of the will and any codicil is affixed as Attachment 5 or 12a.

6.

a.

 

 

No proceeding for the administration of decedent's estate is being conducted or has been conducted in California.

 

 

 

b.

 

 

Decedent's personal representative's consent to use the procedure provided by Probate Code section 13150 et seq. is

 

 

 

 

 

 

 

attached as Attachment 6b.

 

 

 

 

7.

Proceedings for the administration of decedent's estate in another jurisdiction: a.

 

Have not been commenced.

 

b.

 

Have been commenced

 

 

and completed. (Specify state, county, court, and case number):

 

 

 

 

8.The gross value of decedent's interest in real and personal property located in California as shown by the Inventory and Appraisal attached to this petition—excluding the property described in Probate Code section 13050 (property held in joint tenancy or as a life estate or other interest terminable upon decedent's death, property passing to decedent's spouse, property in a trust revocable by decedent, etc.)—did not exceed $150,000 as of the date of decedent's death. (Prepare and attach an Inventory and Appraisal as Attachment 8 (use Judicial Council forms DE-160 and DE-161 for this purpose). A probate referee appointed for the county named above must appraise all real property and all personal property other than cash or its equivalent. See Prob. Code, §§ 8901, 8902.)

9.a. Decedent is survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8))

(1) spouse

(2)

 

 

no spouse as follows: (a)

 

 

divorced or never married. (b)

 

spouse deceased

(3)

 

 

registered domestic partner

 

 

 

 

 

 

 

 

 

 

(4)

 

 

no registered domestic partner (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.)

 

 

(5)

 

 

child as follows: (a)

 

 

natural or adopted (b)

 

natural adopted by a third party

 

 

 

 

 

(6)

 

 

no child

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(7)

 

 

issue of a predeceased child

 

 

 

 

 

 

 

 

 

 

(8)

 

 

no issue of a predeceased child

 

 

 

 

 

 

 

 

 

 

b. Decedent

 

 

is

 

is not survived by a stepchild or foster child or children who would have been adopted by

 

 

 

decedent but for a legal barrier. (See Prob. Code, § 6454.)

Form Adopted for Mandatory Use

Judicial Council of California DE-310 [Rev. July 1, 2012]

PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY

(Estates of $150,000 or Less) (Probate—Decedents’ Estates)

DE-310

MATTER OF (Name):

DECEDENT

CASE NUMBER

10.

a.

Decedent is survived by (complete if decedent was survived by (1) a spouse or registered domestic partner described in Prob. Code, § 37 but no issue (only a or b apply); or (2) no spouse or registered domestic partner described in Prob. Code,

§37, or issue. Check the FIRST box that applies.): A parent or parents who are listed in item 14.

b.

 

A brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 14.

c.

 

Other heirs under Probate Code section 6400 et seq., all of whom are listed in item 14.

 

 

d.

 

No known next of kin.

 

11.

Attachment 11 contains (1) the legal description of decedent's real property and its Assessor's Parcel Number (APN)

 

 

and a description of personal property in California passing to petitioner and (2) decedent's interest in the property.

 

 

12.

Each petitioner is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest in

 

the real property

 

and personal property described in item 11 because each petitioner is:

 

 

 

a.

 

(will) A beneficiary who succeeded to the property under decedent's will.1

 

 

 

 

 

 

 

(no will) A person who succeeded to the property under Probate Code sections 6401 and 6402.

 

b.

 

13.

The specific property interest claimed by each petitioner in the real property

 

 

and personal property described in item 11

 

 

 

 

is stated in Attachment 13

 

is as follows (specify):

 

 

 

 

 

14.The names, relationships to decedent, ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner of (1) all persons named or checked in items 1, 9, and 10; (2) all other heirs of decedent; and (3) all devisees of decedent (persons designated in the will to receive any property) are listed in Attachment 14.

15.The names and addresses of all persons named as executors in decedent's will

 

 

are listed below

 

are listed in Attachment 15

 

 

 

No executor is named.

 

There is no will.

16.

 

Petitioner is the trustee of a trust that is a devisee under decedent's will. The names and addresses of all persons interested

 

 

 

in the trust, as determined in cases of future interests under paragraphs (1), (2), or (3) of subdivision (a) of Probate Code

 

 

section 15804, are listed in Attachment 16.

 

 

 

 

 

 

17.

 

Decedent's estate was under a

 

guardianship

 

 

conservatorship at decedent's death. The names and

 

 

 

 

 

 

 

 

addresses of all persons serving as guardian or conservator

 

 

are listed below

 

 

are listed in Attachment 17.

 

 

 

 

 

 

18.Number of pages attached: Date:

(TYPE OR PRINT NAME OF ATTORNEY)

(SIGNATURE OF ATTORNEY *)

*(Signature of all petitioners also required (Prob. Code, § 1020).)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF PETITIONER)

(TYPE OR PRINT NAME OF PETITIONER)

(SIGNATURE OF PETITIONER 2 )

(SIGNATURE OF PETITIONER2 ) SIGNATURE(S) OF ADDITIONAL PETITIONERS ATTACHED

1See Probate Code section 13152(c) for the requirement that a copy of the will be attached in certain instances. If required, include as Attachment 5 or 12a.

2Each person named in item 1 must sign.

DE-310 [Rev. July 1, 2012]

PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY

(Estates of $150,000 or Less) (Probate—Decedents’ Estates)

Page 2 of 2

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How to prepare how to determine property portion 1

2. Soon after this section is filled out, go on to enter the relevant information in these: requests a determination that the, intestate, Decedent was a resident of this, testate and a copy of the will and, No proceeding for the, Proceedings for the administration, Have been commenced, and completed, Specify state county court and, Have not been commenced, The gross value of decedents, divorced or never married, Decedent is survived by check, spouse no spouse as follows, and natural adopted by a third party.

Stage number 2 in completing how to determine property

Always be extremely careful while completing Decedent was a resident of this and divorced or never married, because this is the part in which many people make a few mistakes.

3. This third stage is going to be straightforward - fill in all the blanks in Decedent is survived by check, spouse no spouse as follows, natural adopted by a third party, natural or adopted, is not survived by a stepchild or, Form Adopted for Mandatory Use, Judicial Council of California DE, PETITION TO DETERMINE SUCCESSION, Estates of or Less, Page of, and Probate Code wwwcourtscagov in order to complete this part.

how to determine property conclusion process detailed (stage 3)

4. Filling in MATTER OF Name, CASE NUMBER, DECEDENT, Decedent is survived by complete, a b c d Attachment contains the, and a description of personal, Each petitioner is a successor of, and personal property described in, a b, will A beneficiary who succeeded, The specific property interest, and personal property described in, is stated in Attachment, is as follows specify, and The names relationships to is paramount in the fourth part - ensure to don't rush and take a close look at each and every empty field!

Stage number 4 in filling out how to determine property

5. Finally, the following final portion is precisely what you will need to complete prior to submitting the PDF. The blank fields at issue are the next: The names and addresses of all, are listed below, are listed in Attachment, No executor is named, There is no will, Petitioner is the trustee of a, conservatorship at decedents death, guardianship, are listed below, are listed in Attachment, Number of pages attached, Date, Signature of all petitioners also, TYPE OR PRINT NAME OF ATTORNEY, and SIGNATURE OF ATTORNEY.

Part number 5 of filling out how to determine property

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