Instafill.ai
7 days free
AI form filling · 85 fields · 2 pages · done in seconds

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.

7 days free, then $19.99/month · Cancel anytime
AI fills it, no typingEncrypted, never used to train AICancel in two clicks
Form DE-310, Petition to Determine Succession to Primary Residence, page 1
Basic · 44/100Form Complexity Index

The AI does the filling. You just check it.

No typing into boxes, nothing to install.

Tell the AI about youAnswer a few questions in plain words, or upload a document you already have. That is all the typing there is.
AI fills every field in secondsIt puts each answer in the right box on every page, checkboxes included.
Check it and downloadReview every field, change anything, then download, print or sign the PDF.

What this form asks for

The AI fills all of it, from your answers or your documents.

Form DE-310, Petition to Determine Succession to Primary Residence, is a legal document filed with the Superior Court of California to transfer a decedent's primary residence to their legal successors without undergoing a full probate administration. This simplified procedure is available for estates where the primary residence falls below a certain value threshold as defined by the Probate Code. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields85
Pages2
Form Complexity IndexBasic, 44/100

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.

Verifies 40-Day Waiting Period After Death

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.

Ensures Gross Property Value Corresponds to Date of Death

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.

Validates Consistency Between Will Status and Succession Claim

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.

Confirms Will Attachment for Testate Estates

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.

Validates Decedent Residency Selection

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.

Ensures Completeness of Survivor Status Checkboxes

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

No typing. Every field filled in seconds, checked, ready to sign.

7 days free, then $19.99/month · Cancel anytime

How to Fill Out DE-310 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select Form DE-310, Petition to Determine Succession to Primary Residence.
  2. Provide the required information for the petitioner(s), the decedent, and the court, including names, addresses, and case details.
  3. Answer the guided questions about the decedent's will, residency, and any existing estate administration proceedings.
  4. Input details about the decedent's surviving family members, heirs, and other interested parties as prompted by the AI.
  5. 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.
  6. Review all the information auto-filled by the AI across the form for complete accuracy, then electronically sign the petition.
  7. 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
Petitioners often misunderstand the requirements of Item 8, either by checking the wrong monetary threshold based on the decedent's date of death or by failing to attach a formal appraisal. Many people mistakenly believe a real estate website estimate is sufficient, but the form requires an appraisal by a court-appointed probate referee using specific Judicial Council forms (DE-160/DE-161). This error is critical and will lead to the petition's rejection, as the court cannot verify eligibility for this simplified procedure without the correct valuation and documentation.
Incomplete Legal Description of Property
In Item 11, filers frequently provide only the common street address of the property instead of the required full legal description and the Assessor's Parcel Number (APN). This information is crucial for the court to legally identify the specific parcel of land. An incomplete description can cause the petition to be rejected or delayed until the correct information, which is typically found on the property's deed, is provided. AI-powered form fillers can help by cross-referencing public records to find and populate the correct legal description and APN.
Failure to List All Heirs and Interested Parties
A very serious mistake is failing to list every required person in Attachment 14. This list must include not only the petitioners but all potential heirs, persons named in the will, and individuals checked in items 9 and 10. This happens because filers may only list those they believe should inherit. This failure can invalidate the entire proceeding, as it violates the due process rights of unlisted parties who were not given legal notice of the hearing.
Missing Signatures from All Petitioners
The signature block at the end of the form requires a signature from every person listed as a petitioner in Item 1. It is common for one petitioner to sign on behalf of others or to forget to gather all necessary signatures, especially if they live in different locations. A petition lacking any required signature is considered invalid and will be rejected by the court clerk upon filing, halting the process before it even begins.
Forgetting to Attach a Copy of the Will
If the decedent died with a will (testate), as indicated in Item 5, a copy of that will must be attached to the petition. People often check the 'testate' box but forget to include the actual document as an attachment. This makes the petition incomplete, and the court cannot proceed without verifying the will's contents and the petitioner's claim as a beneficiary. This simple oversight will cause significant delays until the will is properly filed with the court.
Confusing Survivor and Heir Categories
The checkboxes in Item 9 and 10, which detail the decedent's surviving family members, are complex and use legal terms like 'issue of a predeceased child' that can confuse filers. People may check incorrect boxes or fail to check all applicable ones, leading to an inaccurate representation of the line of succession. This can result in legal challenges from overlooked heirs and may require the petition to be amended and re-filed, delaying the transfer of the property.
Failing to Prove Primary Residence Status
This petition is specifically for a decedent's 'primary residence.' In Item 11, petitioners must include a statement with facts showing the property was indeed the decedent's main home. Many filers overlook this and only provide the legal description, assuming it's implied. Without this factual statement, the petition fails to meet a core requirement, which can lead to rejection or a request for more evidence from the court.
Using an Outdated Version of the Form
Judicial Council forms are updated periodically, as indicated by the revision date in the corner (e.g., 'Rev. April 28, 2025'). Filers often download a form from an old link or use a previously saved copy. Courts typically require the most current version of a form, and submitting an outdated one can lead to immediate rejection by the clerk's office. To avoid this, always download the form directly from the official California Courts website before filling it out.
Incorrect or Incomplete Court Information
In the header section, filers must specify the exact Superior Court, including the county, street address, and branch name. People sometimes only write the county name or use the address of the wrong courthouse branch. This can lead to the petition being filed in the wrong venue, causing significant delays as the case must be transferred, or worse, dismissed and re-filed in the correct location. AI tools like Instafill.ai can help prevent this by automatically populating the correct court details based on the county.
Missing Required Attachments
This form frequently requires information to be provided in numbered attachments (e.g., Attachment 6b, 11, 13, 14, 15). A common error is checking a box indicating an attachment is included but then failing to physically attach the corresponding document. This makes the filing incomplete and forces the court to delay the hearing until all necessary documents are submitted. If the form is a non-fillable PDF, tools like Instafill.ai can convert it to a fillable version and help manage and assemble the required attachments.

Frequently Asked Questions About DE-310

 

Is it really free for 7 days?
Yes. You pay $0 today. Cancel before Nov 4 and you are never charged. Keep it, and it is $19.99 a month for 5 fills of your DE-310.
Can I fill other forms too?
This plan is for your DE-310: your own AI agent fills it as often as 5 times a month. To fill other forms and upload your own, choose a Professional plan from your account.
How do I cancel?
From your account, in two clicks, any time. No email, no call.
How does the AI fill out DE-310?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of DE-310, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is DE-310 to fill out?
DE-310 has a Form Complexity Index of 44 out of 100, in the basic tier: 85 fillable fields across 2 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of Form DE-310, Petition to Determine Succession to Primary Residence?
This form is used to ask a California court to transfer a deceased person's primary residence to their legal heirs without a full, formal probate process. It is a simplified procedure for estates where the home's value is below a specific legal limit.
Who is eligible to file this petition?
You can file this petition if you are a legal heir (a successor) to a deceased person's primary residence in California. This process is only available if the property's value is under a certain threshold and no probate administration is currently or has been conducted in California.
What is the maximum property value allowed to use this form?
The maximum gross value depends on the decedent's date of death. For example, for a death on or after April 1, 2025, the limit is $750,000, but for a death before April 1, 2022, the limit was $166,250.
How do I prove the value of the property?
You must attach an appraisal of the property performed by a probate referee appointed for the county. This appraisal must be documented on Judicial Council forms DE-160 and DE-161.
How soon after the person's death can I file Form DE-310?
You must wait at least 40 days after the decedent's death before you can file this petition with the court.
What documents do I need to attach to this petition?
You must attach a copy of the will if one exists, the property appraisal, and a legal description of the property. You will also need to attach lists of all heirs and other interested parties as specified in the form.
Can I use this form if a probate case has already been opened?
Generally, no, as this procedure is meant to avoid formal probate. However, an exception exists if the decedent's personal representative provides written consent to use this process, which must be attached to your petition.
What information do I need for the property description in Item 11?
You must provide the property's full legal description, the Assessor's Parcel Number (APN), and facts demonstrating that it was the decedent's primary residence in California. You may also need to state if the property was community, separate, or quasi-community property.
Who needs to sign Form DE-310?
Every person claiming an interest in the property, who is listed as a petitioner in Item 1, must sign the petition under penalty of perjury. If there are more than two petitioners, you must use an attachment for the additional signatures.
What happens if the deceased person did not have a will?
If the decedent died 'intestate' (without a will), you must check the appropriate box in Item 5. The property will pass to heirs based on California's laws of succession, and you must identify these individuals in the petition.
Can AI tools help me fill out Form DE-310?
Yes, services like Instafill.ai use AI to auto-fill form fields accurately and save time. This can help ensure consistency and reduce errors when entering information like names, addresses, and case details.
How can I fill out this form online if it's a PDF?
You can use a service like Instafill.ai to easily complete the form online. Simply upload the DE-310 PDF, and the platform will convert it into a fillable format that you can type into, save, and print.
My copy of the DE-310 PDF is not fillable. What can I do?
If you have a non-fillable or 'flat' PDF, tools like Instafill.ai can convert it into an interactive, fillable form. This allows you to easily type your information into the correct fields before printing for submission.
Encrypted in transit and at restNever used to train AIDelete your forms any time

Get your DE-310 filled out by AI

$0 today. Cancel before Nov 4 and you pay nothing.

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

7 days free, then $19.99/month · Cancel anytime