SECTION 0: ELIGIBILITY SCREENING
A “No” or “Unsure” here does not mean you are out of options. Each question below is a requirement written into the statute, so the answers tell us whether this particular procedure is available. If one of them rules it out, there is almost always another route — a different simplified petition, or a regular probate. We will call you and explain what fits. Answer as best you can.
Fewer than 40 days have passed — this is not a problem.
We can prepare everything now and file the petition as soon as the 40 days run. Please go ahead and complete this form.
A different petition may suit you better.
When there is a surviving spouse or registered domestic partner, a Spousal Property Petition is often the simpler and cheaper route, and it has no value limit at all. Please finish this form anyway — the information overlaps almost entirely, and we will tell you which procedure fits once we have read it.
SECTION 1: PETITIONER INFORMATION
SECTION 3: THE WILL
Describe them — approximate dates and what they changed, as best you know
Anyone named as executor — names
SECTION 4: FAMILY AND HEIRS
Why we ask for all of this.
The law requires that notice of this petition be delivered to every heir and to everyone named in the will — within five business days of filing, and whether or not they inherit anything. Listing someone here does not give them a claim on the property. Leaving someone out can force the court to continue the hearing to a later date, which costs weeks. Addresses matter as much as names.
Their full name and mailing address
Children of the Decedent
Please list all children — including children from prior relationships, adopted children, and children born outside marriage.
Children Who Died Before the Decedent
Their name, and whether that child left children of their own. If so, please give those grandchildren's names and addresses — they may inherit in their parent's place and are entitled to notice.
If There Is No Spouse and No Children
Surviving parents — names and mailing addresses
If no surviving parents: brothers and sisters — names and mailing addresses
If no surviving siblings: nieces and nephews — names and mailing addresses
Other Relationships the Court Recognizes
Who, and roughly when the relationship began
Special Circumstances
Please tell us who, and which circumstance applies
Please tell us what you are concerned about
SECTION 5: THE PROPERTY
Street Address *
Their names and their relationship to the decedent
Anything else about the circumstances
Who is living there, and is there a written lease?
SECTION 6: OTHER CALIFORNIA PROPERTY
Why this section exists.
Two reasons. First, the value of everything else in the estate affects whether this simplified procedure is still available. Second, only the primary residence transfers through this petition — anything else needs its own procedure, and it is far cheaper to run them together than to discover a forgotten account a year from now. List everything you know of, even if you are unsure whether it counts.
Other real property cannot go through this petition. A second house, a rental, a timeshare, or vacant land needs a separate procedure. Please still list it below — it affects the overall picture and we will tell you what it needs.
Any other real property in California — addresses and approximate values
Other Assets
Anything else — unpaid wages or salary owed at death, money owed to the decedent, jewelry, collections, equipment
Things That Generally Do Not Count
Details on anything you checked — what it is, and who the named beneficiary or joint owner is
SECTION 7: DEBTS
Credit cards and unsecured loans — creditor names and approximate balances
Unpaid income taxes or property taxes
Please mention this on the phone as well. The California Department of Health Care Services may assert an estate recovery claim to recoup benefits it paid. There are real exemptions, and a home is often protected, but the claim has to be handled correctly and on time. This is not a reason to panic; it is a reason to talk to us before anything is transferred or sold.
Please describe it — court, case number, and the other party, if you know them
SECTION 8: PROPERTY TAX AND PROPOSITION 19
Please read this even if taxes are the last thing on your mind right now.
When a home changes hands after a death, the county normally reassesses it to current market value. If the house was bought decades ago, that can raise the annual tax bill substantially — sometimes by thousands of dollars a year.
Proposition 19 keeps a limited exclusion for a parent-to-child (or grandparent-to-grandchild) transfer, but only if the person inheriting makes the home their own principal residence, and only if the paperwork is filed on time. The deadlines are strict and missing them cannot usually be undone. The questions below tell us whether to start that clock for you.
How soon after the transfer would they move in?
Select...
They already live there
Right away
Within about three months
Within about six months
Within a year
Unsure
What the deadline actually requires.
A claim form has to be filed with the county assessor, the new owner has to move in, and the homeowners' exemption has to be filed — all within one year of the transfer. We will walk you through each step and tell you what is due when. You do not need to work this out on your own.
SECTION 9: PRIOR PROCEEDINGS AND OTHER COUNSEL
Which court, and the case number if you have it
Their name and firm, and whether they are still involved
What was recorded, and by whom?
Anything else you would like us to know
WHAT HAPPENS NEXT
The shape of the process, start to finish.
We prepare the petition and file it with the court. The court appoints a probate referee, an independent appraiser, who values the home as of the date of death. Notice goes out to every heir and everyone named in the will within five business days of filing. The court sets a single hearing date. If the petition is granted, the court's order is recorded with the county, and title passes to the people named in it.
Start to finish this typically runs a few months rather than the year or more a full probate takes. Court calendars and the referee's schedule set the pace, so we cannot promise a date — but we will tell you what to expect at each step, and you will not have to chase us for updates.
Before you send this.
Submitting this form does not create an attorney-client relationship. We will review what you send and contact you, but no representation begins until we confirm it with you in writing.
For that reason, please do not include anything you consider confidential until representation is confirmed in writing. If something feels too sensitive for this form, leave it blank and tell us in person or by phone instead.
You can submit this form with unanswered questions. We will follow up on anything we need.