Yes, you can transfer a deceased person’s California real estate without full probate by filing Form DE-265 along with the Petition to Determine Succession to Real Property (Form DE-310) when the decedent’s qualifying real property is valued at $750,000 or less for deaths on or after April 1, 2025. The DE-265 is the Confidential Supplement that lists the names, addresses, and ages of every heir and beneficiary, and it is filed under seal so private family information stays out of the public probate file.
This shortcut saves families months of waiting and thousands in attorney fees, but a single mistake — like missing the 40-day waiting period under Probate Code §13151 — can force the case into full probate. According to the Judicial Council of California 2024 Court Statistics Report, more than 38,000 probate petitions are filed each year in California, and small-estate succession petitions are the fastest-growing category since the AB 2016 threshold increase.
Here is what you will learn in this guide:
- 📋 How to fill out every line of California Form DE-265 without triggering a rejection
- 🏠 How the new $750,000 small-estate cap under AB 2016 changes which properties qualify
- 👨⚖️ How DE-265 fits with Form DE-310, the Inventory and Appraisal (DE-160/DE-161), and the Probate Referee process
- ⚠️ The 7+ most common mistakes that send families back to square one
- ❓ Answers to the 10 most-asked questions about confidential supplements and succession petitions
What Is California Form DE-265?
California Form DE-265, officially titled Confidential Supplement to Petition to Determine Succession to Real Property, is the sealed Judicial Council form that accompanies the public-facing Form DE-310 Petition to Determine Succession. The form was created by the Judicial Council of California under California Rules of Court, Rule 7.53, which protects the privacy of heirs and beneficiaries by keeping their personal identifying information out of the publicly searchable probate file.
The form exists because the Petition itself (DE-310) is a public document that anyone can view at the courthouse or download online. Without DE-265, every heir’s home address and birth year would be exposed to scammers, identity thieves, and predatory lenders who routinely scrape probate records. The plain-English purpose of DE-265 is to give the judge the information needed to confirm jurisdiction and notice, while shielding that same information from the public.
The consequence of failing to file DE-265 is severe: the clerk will reject the petition packet, the 40-day clock under Probate Code §13151 keeps running, and any pending real estate sale collapses. A common misconception is that DE-265 is optional — it is not. Since the form was added to the mandatory packet by the 2022 Judicial Council update, every county in California requires it.
Who Must File DE-265
Any person filing a Petition to Determine Succession to Real Property under Probate Code §13150 must also file the DE-265. This includes surviving spouses using the small-estate procedure instead of the spousal property petition, adult children inheriting under intestacy, named beneficiaries in a will, and trustees of a trust that was supposed to hold the property but never did.
The petitioner is the person asking the court to confirm title transfer, but DE-265 must list every heir, devisee, and beneficiary — even people who get nothing under the will. Leaving someone out triggers a Probate Code §1216 notice defect, which voids the order and forces a re-filing.
A real-world example: when Maria Hernandez of Fresno filed to transfer her late father’s $620,000 home, she listed only herself and her brother on DE-265 but forgot her estranged half-sister from a prior marriage. The Probate Examiner caught the omission, the hearing was continued 60 days, and Maria had to pay a second filing fee plus serve the sister by certified mail.
When DE-265 Is Required
DE-265 is required from the moment the Petition to Determine Succession is filed and remains required through the final order. The form must be filed at the same time as DE-310, not later. Counties like Los Angeles Superior Court and San Diego Superior Court reject the entire packet at intake if DE-265 is missing.
The 40-day waiting period under Probate Code §13151 must elapse between the date of death and the filing date. Filing on day 39 is a guaranteed rejection. The consequence is that escrow on any pending sale falls through, and buyers often walk away rather than wait another month.
The $750,000 Threshold Under AB 2016
The single biggest change to California small-estate law in 30 years took effect on April 1, 2025, when AB 2016 raised the real property succession limit from $184,500 to $750,000. The new cap applies only to decedents who died on or after April 1, 2025. For earlier deaths, the old $184,500 ceiling still controls, no matter when the petition is filed.
The reasoning behind the increase is straightforward: California median home prices crossed $900,000 in 2024 according to the California Association of Realtors, making the old limit useless in most counties. The consequence of the new threshold is that hundreds of thousands of additional estates can now skip full probate, saving roughly $26,000 in statutory fees on a $700,000 estate under Probate Code §10810.
A common misconception is that the $750,000 figure is gross value. It is not — the figure is the net fair market value as appraised by a Probate Referee, minus liens and encumbrances of record as of the date of death.
How to Calculate the Net Value
Net value equals the Probate Referee’s appraised fair market value minus the unpaid principal balance of any deed of trust, mechanic’s lien, or judgment lien recorded against the property on the date of death. Property tax arrears, homeowner association liens, and federal tax liens all count as encumbrances under Probate Code §13152(b).
For example, David Chen of San Jose inherited his mother’s condo appraised at $880,000 with a $200,000 mortgage balance. The net value of $680,000 falls under the $750,000 cap, so DE-265 and DE-310 work. Without subtracting the mortgage, David would have wrongly assumed full probate was required.
The consequence of mis-calculating is that the petition gets dismissed at the hearing and the family must re-file under the full probate procedure starting with Form DE-111, adding 9 to 18 months to the timeline.
Property That Counts Toward the Cap
Only California real property the decedent owned in their sole name, or as a tenant in common, counts toward the $750,000 cap. Joint tenancy property, community property with right of survivorship, and property held in a living trust pass outside probate and are excluded under Probate Code §13050.
Out-of-state real property is also excluded — but it must be probated in the state where it sits, a process called ancillary probate. Personal property like bank accounts, vehicles, and brokerage accounts uses a separate $208,850 small-estate affidavit under Probate Code §13100, and that limit does not stack with the real property cap.
Step-by-Step: Filling Out Form DE-265
The DE-265 form has a caption block, six numbered items, a verification, and a signature line. Every blank must be filled or marked “N/A” — leaving a field empty is the number-one reason clerks reject the form. The most current version of the form is the January 1, 2024 revision available on the Judicial Council website.
Caption Block (Top of Page 1)
Enter the petitioner’s name, address, telephone, and email exactly as they appear on DE-310. The attorney bar number field is left blank if the petitioner is self-represented, but the words “In Pro Per” must be typed in the attorney name field. The court name must match the county where the decedent lived at death, per Probate Code §13153.
The case number is left blank only if filing the very first document; otherwise the assigned probate case number from the clerk must be entered. The decedent’s name in the title block must use the exact legal name from the death certificate — a mismatch with DE-310 causes a clerk-level rejection at intake.
Item 1 — Petitioner Information
Item 1 asks for the petitioner’s full legal name and relationship to the decedent. Acceptable relationships include surviving spouse, child, grandchild, sibling, parent, and named beneficiary. The relationship listed here must match the relationship pled in DE-310 item 9 — any inconsistency is grounds for the Probate Examiner to issue a Probate Note requiring correction.
A real-world example: Patricia Williams of Oakland listed herself as “daughter” on DE-310 but as “stepdaughter” on DE-265. The Alameda County Probate Examiner issued a probate note, the hearing was continued, and Patricia had to file an amended DE-265 with proof of adoption.
Item 2 — Decedent Information
Item 2 requires the decedent’s full legal name, date of death, county of residence at death, and the address where they died. Attach a certified copy of the death certificate to DE-310 — not to DE-265, because DE-265 itself is sealed. The county of residence determines venue under Probate Code §7051.
The consequence of listing the wrong county is automatic dismissal for improper venue. A common misconception is that the property’s location controls venue — it does not. The decedent’s last domicile is what matters, even if the property is in a different county.
Item 3 — Heirs, Devisees, and Beneficiaries
Item 3 is the heart of DE-265 and requires a complete list of every person entitled to notice under Probate Code §13153. For each person, list full legal name, residence address, mailing address if different, age (or “adult” / “minor”), and relationship to the decedent. If a beneficiary is a minor, the guardian’s name and address must also be listed.
If the decedent died with a will, every person named in the will plus every person who would inherit under intestacy must be listed — both groups get notice. If the decedent died without a will, list every heir under Probate Code §6402 intestacy rules.
A real-world example: James Rodriguez of Riverside inherited under his uncle’s will but failed to list the uncle’s pretermitted (omitted) child from a second marriage. Under Probate Code §21622, the omitted child had standing to contest. The petition was dismissed, and James had to file a full probate petition.
Item 4 — Predeceased Heirs and Issue
Item 4 captures heirs who died before the decedent but left descendants who inherit by representation under Probate Code §240. For each predeceased heir, list their name, date of death, and the names and addresses of their living issue. This is where most pro per filers stumble.
The consequence of missing a predeceased heir’s living children is that the order can be set aside under Code of Civil Procedure §473 for up to six months after entry. Title insurance companies routinely refuse to insure a property when the chain of representation is unclear on DE-265.
Item 5 — Confidential Information of Petitioner
Item 5 is the petitioner’s own date of birth and driver’s license or state ID number. This information is used by the court only to verify identity if a competing claim arises. It is never released to the public or to other parties.
A common misconception is that this information will be shared with creditors. It will not — Rule 7.53 expressly limits access to the court, the petitioner, and the petitioner’s attorney of record.
Item 6 — Attachments
Item 6 lists any additional sheets needed when the heir list does not fit. Use Form MC-025 Attachment for overflow. Each attachment must be labeled “Attachment 3” or “Attachment 4” to match the corresponding item.
Verification and Signature
The petitioner signs under penalty of perjury per Code of Civil Procedure §2015.5. The signature date must be on or after the date of death plus 40 days. Signing too early is a fatal defect that cannot be cured by amendment — the entire packet must be re-filed and re-served.
Three Common Filing Scenarios
The three scenarios below cover roughly 80% of DE-265 filings based on data from the California Probate Referees Association. Each shows the action a petitioner takes and the legal consequence that follows.
Scenario 1: Single Heir, No Will, Solo House
| Petitioner Action | Probate Consequence |
|---|---|
| Adult daughter files DE-265 listing only herself as heir to a $500,000 home | Court confirms succession in 60 days; daughter records the order with the County Recorder |
| Daughter forgets to list her deceased brother’s adult son (her nephew) | Probate Examiner issues note; nephew must be served; hearing continued 45 days |
| Daughter signs DE-265 on day 35 after death | Clerk rejects packet; entire $435 filing fee may need to be re-paid |
Scenario 2: Multiple Heirs, One Disclaims
| Petitioner Action | Probate Consequence |
|---|---|
| Three siblings inherit a $720,000 home; one files a Probate Code §275 disclaimer | Disclaiming sibling’s share passes to that sibling’s issue under §282 |
| Petitioner lists disclaiming sibling but not the sibling’s children on DE-265 | Hearing continued; amended DE-265 required |
| All three siblings listed correctly with disclaimer attached to DE-310 | Order grants 50/50 split to remaining two siblings; recorded in 75 days |
Scenario 3: Surviving Spouse, Community Property
| Petitioner Action | Probate Consequence |
|---|---|
| Surviving spouse files DE-265 plus DE-221 Spousal Property Petition | Community property half passes outside DE-265 process under Probate Code §13500 |
| Spouse mistakenly lists community property as separate property | Probate Examiner issues note requiring amended characterization |
| Spouse correctly lists only decedent’s separate-property half on DE-265 | Court confirms transfer of separate half; community half already vested |
The Inventory and Appraisal Process
DE-265 cannot stand alone — it must be paired with Form DE-160 Inventory and Appraisal and Form DE-161 Inventory and Appraisal Attachment. The Inventory establishes the date-of-death value the court uses to confirm the property is under the $750,000 cap. Filing without an Inventory is grounds for automatic dismissal at the hearing.
The petitioner appraises cash and cash-equivalents on Attachment 1. The Probate Referee appraises real property and other non-cash assets on Attachment 2. The Referee is appointed automatically by the clerk under Probate Code §8920 — the petitioner does not pick the Referee.
Role of the Probate Referee
The Probate Referee is a state-appointed appraiser who charges a statutory fee of 0.1% of the appraised value under Probate Code §8961. On a $700,000 home, the fee is $700 — far cheaper than a private appraisal. The Referee’s appraisal is binding on the court unless objected to under Probate Code §8906.
A real-world example: Linda Martinez of Sacramento expected her father’s house to appraise at $740,000, just under the cap. The Referee came back at $810,000. Linda’s only options were to file full probate, abandon the petition, or hire a private appraiser and challenge the value at a §8906 hearing. She chose the hearing, won a reduction to $735,000, and her DE-265 petition was confirmed.
Filing the Inventory With DE-310
The completed Inventory and Appraisal must be filed before the hearing date. Most counties require it at least 15 court days before the hearing under California Rules of Court Rule 7.250. Late filing means continuance, and continuance means the clock resets on creditor notice.
County-Specific Filing Quirks
Each of California’s 58 counties runs its probate calendar slightly differently. The Los Angeles Superior Court Probate Notes system posts examiner comments online roughly seven days before the hearing, giving petitioners time to fix defects. San Francisco and Alameda use a similar online system, while smaller counties like Modoc and Alpine require in-person review.
Los Angeles County
Los Angeles requires an Probate Examiner Notes review and an extra local form, the LASC PRO 044 verification of compliance. The filing fee under Government Code §70650 is $435, plus a $30 certified-copy fee for the order.
San Diego County
San Diego uses an online probate filing portal with mandatory e-filing for all attorneys. Pro per petitioners may still file paper. San Diego’s calendar runs on Tuesdays and Thursdays only.
San Francisco County
San Francisco requires the petitioner to upload DE-265 as a separate sealed PDF through the File & Serve Xpress system. Filing it as part of the same PDF as DE-310 makes it public — a fatal privacy error.
Mistakes to Avoid When Filing DE-265
Below are the seven most common mistakes, drawn from published Probate Examiner notes across multiple counties. Each one carries a real consequence that delays the case or kills it outright.
- Filing before day 41: Probate Code §13151 bars filing until 40 full days have passed; early filing is rejected at intake
- Listing only beneficiaries, not heirs: Both groups must appear; missing intestate heirs voids notice under §13153
- Mis-stating relationship: Stepchild vs. adopted child changes inheritance rights; mismatch triggers Probate Notes
- Forgetting predeceased heirs’ issue: Grandchildren of a deceased sibling inherit by representation under §240
- Filing DE-265 unsealed: Combining DE-265 with DE-310 in one PDF exposes private data and breaches Rule 7.53
- Using outdated form revision: The Jan 1, 2024 version is mandatory; older versions are clerk-rejected
- Wrong venue: Filing in property’s county instead of decedent’s domicile county is automatic dismissal under §7051
- Skipping the Inventory and Appraisal: No DE-160/DE-161 means no proof the property is under the cap
- Signing without ID number in Item 5: Missing driver’s license number triggers a probate note for amendment
Do’s and Don’ts
A clean filing depends on small details. The list below pairs each rule with the reason behind it.
- Do use the Jan 1, 2024 version of DE-265 because older versions are auto-rejected
- Do wait 40 full calendar days after the date of death before filing because §13151 makes earlier filings void
- Do list every heir under intestacy and every beneficiary under the will because §13153 requires both
- Do request a Probate Referee appointment immediately after filing because the appraisal often takes 30 days
- Do keep DE-265 in a separate sealed envelope or PDF because Rule 7.53 protects private data
- Don’t sign the verification before day 40 because the signature date itself is a jurisdictional defect
- Don’t assume joint tenancy property counts toward the cap because it passes outside probate under §13050
- Don’t use the gross property value because §13152 requires net value after liens
- Don’t leave any field blank because clerks reject forms with empty fields rather than “N/A” entries
- Don’t file in the property’s county if the decedent lived elsewhere because venue follows domicile under §7051
Pros and Cons of the DE-265 Process
The succession procedure is faster and cheaper than full probate, but it is not the right tool for every estate. The trade-offs below help you decide.
- Pro: Speed — Most cases close in 60–90 days versus 9–18 months for full probate
- Pro: Cost savings — Filing fees plus Referee fees rarely top $1,500 vs. $25,000+ in statutory probate fees
- Pro: No personal representative bond — DE-310 procedure does not require an executor’s bond under §8480
- Pro: Clear title — The court order is recordable and accepted by every California title insurer
- Pro: Privacy — DE-265 keeps heir information out of the public record under Rule 7.53
- Con: $750,000 cap — Estates worth more must use full probate, even by $1
- Con: No creditor cutoff — Unlike full probate, creditors retain claims for one year under Code of Civil Procedure §366.2
- Con: All heirs must agree on facts — A contest forces conversion to full probate
- Con: No power to sell during proceedings — Heirs cannot sell until the order is entered and recorded
- Con: Limited to real property — Personal property over $208,850 needs separate procedures
Recap of Key Court Rulings
California appellate courts have shaped how DE-265 and the underlying succession statute work. In Estate of Kraus (2010) 184 Cal.App.4th 103, the Court of Appeal held that the small-estate procedure cannot be used when the decedent’s interest is held in trust, even an unfunded trust naming the decedent as both settlor and trustee. The consequence is that families with so-called “pour-over” wills often must file full probate to fund the trust before transfer.
In Estate of Earley (2009) 173 Cal.App.4th 369, the court ruled that omitted heirs may set aside a §13151 order within the §473 six-month window, reinforcing why DE-265’s heir list must be exhaustive. Estate of Stoker (2011) 193 Cal.App.4th 236 clarified that holographic wills can support a DE-310 petition if they meet Probate Code §6111.
Most recently, the California Supreme Court in Barefoot v. Jennings (2020) 8 Cal.5th 822 expanded standing for trust contests, indirectly increasing pressure on small-estate filings to be airtight on heir identification.
Federal Law Considerations
While probate is governed almost entirely by state law, three federal rules touch DE-265 cases. First, 26 U.S.C. §6324 imposes a federal estate tax lien on real property in estates exceeding the $13.99 million 2025 exemption — irrelevant for most DE-265 filings but fatal if missed. Second, the IRS Form 706 must be filed within nine months for taxable estates, even when state procedure is small-estate succession.
Third, federal Medicaid estate recovery under 42 U.S.C. §1396p allows California’s Medi-Cal program to claim against the estate of a deceased recipient. The petitioner must serve the California Department of Health Care Services at filing or face a void order.
Frequently Asked Questions
Is California Form DE-265 mandatory in every probate succession case?
Yes. Every Petition to Determine Succession to Real Property under Probate Code §13151 must include DE-265. Filing DE-310 alone is rejected by the clerk in all 58 California counties.
Can I file DE-265 before 40 days have passed since the death?
No. Probate Code §13151 imposes a strict 40-day waiting period. Filing on day 39 or earlier is a jurisdictional defect that voids the petition entirely.
Does the $750,000 cap apply if my parent died in 2024?
No. AB 2016’s $750,000 limit applies only to deaths on or after April 1, 2025. Pre-April 2025 deaths use the older $184,500 ceiling.
Can I use DE-265 for property held in joint tenancy?
No. Joint tenancy property passes outside probate under Probate Code §13050. Use an Affidavit of Death of Joint Tenant recorded with the County Recorder instead.
Is DE-265 visible to the public after filing?
No. Rule 7.53 of the California Rules of Court requires DE-265 to be sealed. Only the court, petitioner, and counsel of record may view it.
Do I need a lawyer to fill out DE-265?
No. The form is designed for self-represented filers, and Judicial Council instructions are written for non-lawyers. However, contested cases or trusts often need counsel.
Can I include out-of-state real estate on DE-265?
No. Only California real property qualifies. Out-of-state property requires ancillary probate in the state where it sits.
Will filing DE-265 cut off creditor claims like full probate does?
No. Code of Civil Procedure §366.2 keeps creditor claims alive for one year after death regardless of which procedure is used.
Do I need to serve Medi-Cal when filing DE-265?
Yes. If the decedent received Medi-Cal benefits after age 55, the Department of Health Care Services must be served under federal estate-recovery rules.
Can DE-265 be amended after filing?
Yes. An amended DE-265 may be filed any time before the hearing without leave of court, and after the hearing only by noticed motion under Code of Civil Procedure §473.
Does the $750,000 cap include the mortgage balance?
No. Probate Code §13152 measures net value, so unpaid mortgage and lien balances are subtracted before testing the cap.
Can a minor be listed as the petitioner on DE-265?
No. A minor must act through a court-appointed guardian ad litem under Probate Code §1003, and the guardian signs the DE-265 verification.
Related reading
- How to Fill Out California Form DE-111 (w/Examples) + FAQs
- How to Fill Out California Form DE-200 (w/Examples) + FAQs
- How to Fill Out California Form DE-221 (w/Examples) + FAQs
- How to Fill Out California Form DE-260 (w/Examples) + FAQs
- How to Fill Out California Form DE-310 (w/Examples) + FAQs
- How to Fill Out California Form EA-130 (w/Examples) + FAQs
- How to Fill Out California Form GC-200 (w/Examples) + FAQs