Fillable DE-310 SUPERIOR COURT OF CALIFORNIA, COUNTY OF DECEDENT (California)

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DE-310 SUPERIOR COURT OF CALIFORNIA, COUNTY OF DECEDENT (California)

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(Specify state, county, court, and case number):
At least 40 days have elapsed since the date of decedent's death.
4.
b.
Decedent died
6.
b.
Proceedings for the administration of decedent's estate in another jurisdiction: a.
b.
Decedent is survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8))
(1)
(5)
(7)
Decedent 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.)
Probate Code, § 13152
www.courts.ca.gov
Form Adopted for Mandatory Use
Judicial Council of California
DE-310 [Rev. January 1, 2020]
PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY
(Estates of $166,250 or Less)
1.
2.
a.
b.
a.
3.
a.
5.
7.
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 $166,250 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.)
8.
a.9.
b.
Page 1 of 2
(2) (a) (b)
(3)
(8)
(4)
(6)
(a) (b)
Petitioner (name of each person claiming an interest):
and personal property
Decedent (name):
Date of death:
Place of death (city and state or, if outside the United States, city and country):
Decedent was a resident of this county at the time of death.
Decedent was not a resident of California at the time of death. Decedent died owning property in this county.
intestate testate and a copy of the will and any codicil is affixed as Attachment 5 or 12a.
No proceeding for the administration of decedent's estate is being conducted or has been conducted in California.
Have not been commenced.
Have been commenced and completed.
spouse
no spouse as follows: divorced or never married spouse deceased
registered domestic partner
no registered domestic partner (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.)
child as follows: natural or adopted natural adopted by a third party
no child
issue of a predeceased child
no issue of a predeceased child
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
FOR COURT USE ONLY
CASE NUMBER:
PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY
and Personal Property (Estates of $166,250 or Less)
DE-310
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
MATTER OF (name):
DECEDENT
HEARING DATE AND TIME: DEPT.:
requests a determination that the real property described in item 11 is property passing to
petitioner and that no administration of decedent's estate is necessary.
is is not
Decedent's personal representative's consent to use the procedure provided by Probate Code section 13150 et seq. is
attached as Attachment 6b.
at decedent's death. The names and
addresses of all persons serving as guardian or conservator
16.
17.
* (Signature of all petitioners also required (Prob. Code, § 1020).)
(SIGNATURE OF ATTORNEY)*
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(SIGNATURE OF PETITIONER)
2
DE-310 [Rev. January 1, 2020]
1
See 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.
2
Each person named in item 1 must sign.
PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY
(Estates of $166,250 or Less)
Page 2 of 2
18.
Decedent's estate was under a guardianship conservatorship
are listed below are listed in Attachment 17.
Number of pages attached:
Date:
(TYPE OR PRINT NAME OF ATTORNEY)
Date:
SIGNATURE(S) OF ADDITIONAL PETITIONERS ATTACHED
CASE NUMBER:
MATTER OF (name):
DECEDENT
DE-310
(TYPE OR PRINT NAME OF PETITIONER)
(TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER)
2
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 because each petitioner is:
a.
b.
The specific property interest claimed by each petitioner in the real property
The names and addresses of all persons named as executors in decedent's will
12.
13.
14.
15.
Attachment 11 contains (1) the legal description of decedent's real property and its Assessor's Parcel Number (APN) and11.
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.
a.
b.
c.
d.
10.
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.
A brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 14.
Other heirs under Probate Code section 6400 et seq., all of whom are listed in item 14.
No known next of kin.
a description of personal property
and personal property described in item 11
(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.
and personal property
is stated in Attachment 13
is as follows (specify):
are listed below No executor is named. There is no will.are listed in Attachment 15
in California passing to petitioner; (2) decedent's interest in the property; and, (3) if a
petitioner's claim to the property is based on succession under Probate Code sections 6401 and 6402, facts that show the
character of the property as community, separate, or quasi-community property.
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.
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DE-310 SUPERIOR COURT OF CALIFORNIA, COUNTY OF DECEDENT (California)

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Completed 5 November 2020

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