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Yes! You can use AI to fill out Form DE-315, Order Determining Succession to Primary Residence

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Form DE-315, Order Determining Succession to Primary Residence, page 1
Basic · 39/100Form Complexity Index

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What this form asks for

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This is a judicial order from the Superior Court of California, officially titled Form DE-315, Order Determining Succession to Primary Residence. It is used in probate proceedings to legally transfer ownership of a decedent's primary home to their designated heirs or beneficiaries, provided certain value thresholds and conditions are met. This order is crucial for establishing clear title for the successors without undergoing a more complex probate administration. 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 fields45
Pages1
Form Complexity IndexBasic, 39/100

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.

Validate 40-Day Waiting Period

This check verifies that the hearing date in item 1 is at least 40 days after the decedent's date of death in item 3. This is a mandatory waiting period required by Probate Code section 13150 et seq. If the period is less than 40 days, the petition is premature and the order cannot be granted, leading to rejection or a rescheduled hearing.

Validate Property Value Against Date of Death

This check ensures the correct gross value checkbox in item 6 is selected based on the decedent's date of death from item 3. The allowable value thresholds change on specific dates (April 1, 2022, and April 1, 2025). An incorrect selection misrepresents eligibility under the probate code and will cause the order to be rejected for non-compliance with statutory limits.

Validate Consistency Between Will Status and Successor Basis

This check cross-references the decedent's will status in item 3c with the petitioner's successor basis in item 7. If 'testate' is checked, item 7a (succession by will) must be checked; if 'intestate' is checked, item 7b (succession by law) must be checked. A mismatch indicates a logical contradiction in the legal basis for the petition, which would lead to denial or a request for clarification.

Ensure Case Number is Present

This validation confirms that the 'CASE NUMBER' field is not empty. The case number is a unique identifier essential for linking the order to the correct court file and proceedings. Without a case number, the document cannot be properly filed, tracked, or enforced by the court clerk.

Validate Date of Death is in the Past

This check ensures the 'Date of death' in item 3 is a valid date that occurs before the date the form is processed or signed. This is a fundamental check to prevent logical impossibilities and ensure the foundational fact of the case is correctly stated. An invalid or future date would render the entire document nonsensical and legally void.

Validate Judicial Order Date

This check verifies that the final signature 'Date' by the Judicial Officer is on or after the 'Date of hearing' specified in item 1. An order cannot be signed before the hearing has taken place. This ensures the chronological and procedural integrity of the court's actions, and a failure would invalidate the order.

And 8 more checks
  • Ensure Mutually Exclusive Selection for Will Status
  • Ensure Mutually Exclusive Selection for Estate Administration
  • Validate Attachment Count Consistency
  • Validate Property Description Completeness
  • Validate Petitioner Interest Completeness
  • Validate Attorney Email Format
  • Validate State Bar Number Format
  • Validate Hearing Time Format

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How to Fill Out DE-315 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select Form DE-315.
  2. Provide the information for the attorney or party without an attorney, including name, address, and State Bar number if applicable.
  3. Enter the details of the Superior Court, the estate name, and the case number.
  4. Input the hearing date, time, and department, along with the court's findings regarding the decedent's death, residency, and estate status.
  5. Check the appropriate boxes to indicate the gross value of the real property and the basis for the petitioner's succession (e.g., by will or intestate succession).
  6. Provide a complete legal description of the primary residence, including the Assessor's Parcel Number, and specify each petitioner's name and interest in the property.
  7. Review all the information populated by the AI for accuracy, then download the completed form to be signed by the judicial officer and filed with the court.

Common Mistakes in Completing DE-315

The ones the AI is built to catch.

Using a Street Address Instead of a Legal Description
In item 9a, filers often provide the common street address instead of the required full legal description. Court orders that transfer real property title must contain the official legal description found on the property's deed to be valid for recording. Submitting an order with only a street address will be rejected by the court or the County Recorder, delaying the transfer of the residence.
Selecting the Incorrect Property Value Threshold
Item 6 lists three different maximum property values based on the decedent's date of death. A frequent and critical error is selecting the wrong checkbox, which invalidates the petition's eligibility for this simplified procedure. This often happens when the date of death is close to a threshold change date. Carefully cross-reference the date of death with the date ranges in item 6 to ensure the correct value cap is chosen.
Omitting the Assessor's Parcel Number (APN)
Item 9a requires both the legal description and the Assessor's Parcel Number (APN). The APN is a unique identifier used by the county for tax and recording purposes, and its omission is a common oversight. An order lacking the APN may be rejected by the court clerk or the County Recorder's office, preventing the title from being properly transferred. This information can be found on a property tax bill or the county assessor's website.
Confusing 'Testate' and 'Intestate' Status
In item 3c, filers may incorrectly check whether the decedent died 'testate' (with a will) or 'intestate' (without a will). This is a fundamental legal distinction that dictates who the rightful successors are under item 7. An incorrect selection will lead to contradictory statements in the petition and cause the court to deny the order, requiring a corrected filing.
Vaguely Describing Each Petitioner's Interest
When multiple people inherit a property, item 9b requires specifying each petitioner's exact fractional interest (e.g., 'Jane Doe as to an undivided 50% interest'). A common mistake is to simply list the names of the successors without defining their specific shares. This ambiguity can create future title disputes and may cause the court to reject the order for being unclear.
Mishandling Form Attachments
Filers often check a box indicating that information is provided in an attachment (e.g., 'described in Attachment 9a') but then forget to include the actual document. Another related error is misstating the total number of attached pages in item 11. These inconsistencies lead to an incomplete filing that will be rejected by the court clerk, halting the process until all documents are correctly submitted and accounted for.
Providing Incomplete or Incorrect Court Information
The caption requires the specific branch name and address of the Superior Court handling the probate case. Filers often use a general county address or the wrong branch, leading to the document being misrouted or rejected. It is crucial to verify the correct address for the specific probate division on the court's website. AI-powered tools like Instafill.ai can help populate this information correctly based on the case number or county.
Improperly Formatting the 'Estate Of' Caption
The case caption for the decedent must be formatted as 'ESTATE OF (name)'. A simple but common error is to write only the decedent's name, omitting the 'ESTATE OF' prefix. This incorrect formatting can lead to filing rejections or requests for correction from the court clerk, as it does not follow standard probate court conventions.
Using an Outdated Version of the Form
California Judicial Council forms are updated periodically, as shown by the revision date ('Rev. April 28, 2025'). Using an obsolete version of Form DE-315 may contain outdated value limits or legal language, leading to automatic rejection by the court. Always ensure you are using the most current version by downloading it directly from the official courts.ca.gov website. If the form is a non-fillable PDF, a tool like Instafill.ai can convert it into an interactive, fillable version.
Failing to Check for Other Probate Proceedings
Item 5 requires the petitioner to confirm that no other probate administration is occurring or has occurred for the decedent's estate. People sometimes overlook this or misunderstand its importance, especially if another family member initiated a different type of proceeding. Incorrectly checking this box can invalidate the petition, as this simplified succession process is generally not allowed if a full probate administration is underway.

Frequently Asked Questions About DE-315

 

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How does the AI fill out DE-315?
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-315, 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-315 to fill out?
DE-315 has a Form Complexity Index of 39 out of 100, in the basic tier: 45 fillable fields across 1 page. 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-315, Order Determining Succession to Primary Residence?
Form DE-315 is a court order signed by a judge that legally transfers a deceased person's primary residence to their heirs or beneficiaries. It is the final step in a simplified court process that avoids a full probate administration.
Who fills out this form?
The petitioner (the person requesting the property transfer) or their attorney prepares the proposed order for the judge's review. However, the Judicial Officer (the judge) is the one who officially completes and signs the form after a court hearing.
When can this simplified process be used?
This process can be used if at least 40 days have passed since the person's death and the gross value of their California real property is below a specific threshold. The property must also have been the decedent's primary residence.
What are the property value limits mentioned in Item 6?
The gross value of the real property cannot exceed $166,250 for deaths before April 1, 2022, $184,500 for deaths between April 1, 2022, and March 31, 2025, or $750,000 for deaths on or after April 1, 2025.
What information is required to get this order?
You must provide the court with the decedent's date of death, the property's full legal description and Assessor's Parcel Number (APN), and the names of all successors and their specific ownership interest.
What is the difference between 'testate' and 'intestate' in Item 3?
'Testate' means the decedent died with a valid will, which names the beneficiaries who will inherit the property. 'Intestate' means the decedent died without a will, and California law determines who the legal heirs are.
What happens after the judge signs Form DE-315?
Once signed, the order must be recorded with the County Recorder's office in the county where the property is located. This action officially transfers the legal title of the home to the successors listed in the order.
Can I use this process if a full probate case is already open?
Generally, this is for estates without a formal probate. However, it may be used if the estate's personal representative gives written consent for you to use this simplified procedure.
Where do I find the property's legal description for Item 9?
The legal description is found on the property's deed, which can be obtained from the County Recorder's office. It is a detailed description required for legal title transfer, not just the street address.
What does 'successor of the decedent' mean?
A successor is the person legally entitled to inherit the property. If there is a will, the successor is the beneficiary named in it; if there is no will, the successor is the heir as defined by state inheritance laws.
Can AI tools help me prepare for this court order?
Yes, services like Instafill.ai can help you accurately fill out the initial petition (Form DE-310) that leads to this order. AI can auto-fill fields from your documents, saving time and helping prevent errors.
How can I fill out the required petition form online?
You can use Instafill.ai to easily complete the necessary forms. Simply upload the PDF, and the platform's AI will help you auto-fill information accurately before you submit it to the court.
What should I do if my PDF of the form is not fillable?
If you have a non-fillable or 'flat' PDF, you can upload it to Instafill.ai. The service uses AI to convert it into an interactive, fillable form that you can complete, sign, and print with ease.
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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-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, Form DE-147S, Confidential Supplement to Duties and Liabilities of Personal Representative (Probate)

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