Dealing with an inheritance in the United States often means navigating a complex mix of rules at the same time families are coping with a loss. From wills and probate to estate taxes and state inheritance taxes, the process of passing assets from a deceased person to their heirs and beneficiaries varies widely from state to state. In California, one of the biggest concerns is probate, the court process to transfer a person’s property after they die, which can take months and cost thousands of dollars.

But a recent change in the law makes it much easier to pass down the family home. How can heirs inherit a home without going through probate Under Assembly Bill 2016, for deaths on or after April 1, 2025, heirs can transfer a loved one’s home through a streamlined process called a “Petition to Determine Succession to Primary Residence.” According to the Sacramento County Public Law Library, the process is easier, faster, and cheaper than a full probate case, and it is designed so families can complete it without a lawyer. The petition can be used if: - The home was the person’s main residence in California. - Its value is $750,000 or less, based on an appraisal by a court-approved probate referee. - At least 40 days have passed since the death.

The heirs, called “successors,” are the people named in the will. If there is no will, state law decides, usually giving priority to the spouse and children. Any successor can file, but all of them must take part to fully clear the title.

Step by step for heirs to inherit without probate Heirs must also file a change-in-ownership form with the county assessor within 150 days of the death. The step-by-step is: - Look for a will and file it with the court. - Get the home appraised by a probate referee. - File forms DE-310 (the petition) and DE-315 (the order) in the county where the person lived. - Notify other possible heirs and attend the court hearing, if required. - Record the signed order at the County Recorder’s Office. The main risk heirs should know before inheriting the property The process has an important downside.

According to the library, anyone who uses this petition becomes personally responsible for the person’s unsecured debts, such as credit cards or medical bills, up to the value of their share of the home. In a full probate case, debts are settled before assets are distributed.