Yes! You can use AI to fill out Form DE-310, Petition to Determine Succession to Primary Residence
Don't type 85 fields by hand. Tell our AI about yourself, or upload a document you already have, and it fills every field in seconds. You check it, then download, print or sign.
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What this form asks for
The AI fills all of it, from your answers or your documents.
The AI checks your answers before you download
14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.
This check confirms that the date of the petition submission is at least 40 days after the decedent's date of death as entered in item 2a. This is a mandatory waiting period required by Probate Code section 13151. If the petition is dated less than 40 days after the death, it is premature and will be rejected by the court.
This validation cross-references the decedent's date of death (item 2a) with the gross property value checkbox selected in item 8. For example, if the death occurred before April 1, 2022, option 8a ($166,250) must be checked. This is critical for establishing jurisdiction under the correct statutory limits, and an incorrect selection will lead to dismissal.
This check ensures the petitioner's claim basis is consistent. If 'testate (with a will)' is checked in item 5, then item 12a ('a beneficiary who succeeded...under decedent's will') must also be checked. Conversely, 'intestate' in item 5 must correspond to item 12b. Inconsistency indicates a fundamental misunderstanding of the claim and will cause processing delays or rejection.
If the petitioner indicates the decedent died 'testate' (item 5) or that they are a successor under a will (item 12a), this check verifies that an attachment is referenced for the will. The will is the primary evidence for a testate succession claim. Failure to attach it will result in an incomplete filing and a likely continuance or denial of the petition.
This check ensures that exactly one of the two options in item 4 is selected, either 4a (resident of the county) or 4b (not a resident of California but owned property in the county). This information is essential for establishing the court's venue and jurisdiction. Selecting neither or both options makes the petition ambiguous and defective.
This validation verifies that for each pair of mutually exclusive options in item 9a, exactly one box is checked. For example, the petitioner must select either '(1) spouse' or '(2) no spouse,' and either '(5) child' or '(6) no child.' This information is legally required to determine the order of succession, and incomplete or conflicting selections prevent the court from making a proper determination.
And 8 more checks
- Conditional Validation of Next of Kin Information
- Verifies Petitioner Name is Provided
- Validates Date of Death Format
- Confirms Required Appraisal Attachment
- Verifies Petitioner Signature Count
- Ensures Decedent Name Consistency
- Validates State Bar Number Format
- Verifies Attachment Count is a Valid Number
Let AI fill out your DE-310
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How to Fill Out DE-310 Online for Free in 2026
What the AI walks you through.
- Navigate to Instafill.ai and upload or select Form DE-310, Petition to Determine Succession to Primary Residence.
- Provide the required information for the petitioner(s), the decedent, and the court, including names, addresses, and case details.
- Answer the guided questions about the decedent's will, residency, and any existing estate administration proceedings.
- Input details about the decedent's surviving family members, heirs, and other interested parties as prompted by the AI.
- Attach required documents, such as a copy of the will, an appraisal of the property (like Form DE-160/DE-161), and a legal description of the residence.
- Review all the information auto-filled by the AI across the form for complete accuracy, then electronically sign the petition.
- Download the completed DE-310 and all attachments, ready for filing with the appropriate California Superior Court.
Common Mistakes in Completing DE-310
The ones the AI is built to catch.
Incorrect Property Value and Missing Appraisal
Incomplete Legal Description of Property
Failure to List All Heirs and Interested Parties
Missing Signatures from All Petitioners
Forgetting to Attach a Copy of the Will
Confusing Survivor and Heir Categories
Failing to Prove Primary Residence Status
Using an Outdated Version of the Form
Incorrect or Incomplete Court Information
Missing Required Attachments
Frequently Asked Questions About DE-310
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What is the purpose of Form DE-310, Petition to Determine Succession to Primary Residence?
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What is the maximum property value allowed to use this form?
How do I prove the value of the property?
How soon after the person's death can I file Form DE-310?
What documents do I need to attach to this petition?
Can I use this form if a probate case has already been opened?
What information do I need for the property description in Item 11?
Who needs to sign Form DE-310?
What happens if the deceased person did not have a will?
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Other forms like this one
California state forms: Judicial Council of California Form DE-111, Petition for Probate (Probate—Decedents Estates), DS 1891, Applicant/Vendor Disclosure Statement (State of California Department of Developmental Services), Judicial Council of California Form DE-120, Notice of Hearing—Decedent's Estate or Trust, Judicial Council of California Form DE-120, Notice of Hearing—Decedent's Estate or Trust, Murrieta Police Department Citizen Complaint Form (California Penal Code § 148.6 Advisory Statement), California Department of Social Services, Sworn Statement, State of California Department of Transportation California Civil Rights Laws Certification, State of California Department of Transportation Darfur Contracting Act Certification, Form DOT ADM-0077, State of California Department of Transportation, Contract Requirements, State of California Department of Transportation Subcontractor List, State of California Department of Transportation, Certified DVBE Summary, Bidder Declaration GSPD-05-105, State of California Level of Care Rate Determination Protocol Matrix, State of California Accessible Form, State of California Form SOC 321, Request for Order and Consent - Paramedical Services, State of California Darfur Contracting Act Certification, State of California Department of Veterans Affairs COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION FORM, Form ADR-100, Statement of Agreement or Nonagreement, Civil Appeal Case Information Statement, Form APP-014, Appellant's Proposed Statement on Appeal (Unlimited Civil Case)
California court forms: Judicial Council of California Form SC-105, Request for Court Order and Answer (Small Claims), Judicial Council of California Form SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims), Judicial Council of California Form SER-001, Request for Sheriff to Serve Court Papers, Judicial Council of California Form SER-001, Request for Sheriff to Serve Court Papers, Affidavit for Collection of Personal Property California Probate Code Section 13100, Form POS-040, Proof of Service—Civil, Declaration of Facts of Death (California Superior Court), declaration-of-marriage-for-court-proceeding-california-family-law, ADOPT-200, Adoption Request, ADOPT-200, Stepparent Adoption Request, ADOPT-210, Adoption Agreement, ADOPT-310, Contact After Adoption Agreement, Judicial Council of California Form ADOPT-200, Adoption Request, Form ADR-107, Mediation Attendance Sheet, Form ADR-110, Order Appointing Referee, Form ADR-109, Stipulation or Motion for Order Appointing Referee, Form ADR-102, Request for Trial De Novo After Judicial Arbitration, Form ADR-108, Referee's Report (Code Civ. Proc., §§ 638, 639), Form ADR-106, Petition to Confirm, Correct, or Vacate Contractual Arbitration Award, Form ADR-104, Rejection of Award and Request for Trial After Attorney-Client Fee Arbitration
California probate forms: Judicial Council of California Form DE-111, Petition for Probate (Probate—Decedents Estates), Affidavit for Collection of Personal Property California Probate Code Section 13100, Form DE-142/DE-111(A-3e), Waiver of Bond by Heir or Beneficiary (Probate—Decedents Estates), Form DE-140, Order for Probate, Form DE-150, Letters (Probate), Form DE-154/GC-035, Request for Special Notice (Probate), Form DE-157, Notice of Administration to Creditors, Form DE-120(P), Proof of Personal Service of Notice of Hearing—Decedent's Estate or Trust, Form DE-131, Proof of Subscribing Witness (Probate), Form DE-172, Creditor's Claim (Probate), Form DE-174, Allowance or Rejection of Creditor's Claim, Form DE-221, Spousal or Domestic Partner Property Petition (Probate—Decedents Estates), Form DE-270 / GC-070, Ex Parte Petition for Authority to Sell Securities and Order, Form DE-315, Order Determining Succession to Primary Residence, Form DE-351/GC-101, Order Appointing Guardian Ad Litem—Probate, Form DE-115/GC-015, Notice of Hearing on Petition to Determine Claim to Property, Attachment to Notice of Hearing Proof of Service by Mail (Probate—Decedents' Estates and Guardianships and Conservatorships), Attachment to Notice of Hearing Proof of Personal Service (Probate—Decedents' Estates and Guardianships and Conservatorships), Form DE-125, Summons (Probate), Form DE-147, Duties and Liabilities of Personal Representative

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