California Small Estate Affidavit: Complete Guide
Transfer assets without full probate for estates meeting California's small-estate limits.
Based on California Probate Code sections 13100-13116
What is a Small Estate Affidavit?
A California small estate affidavit allows you to transfer a deceased person's assets without going through full probate court. This simplified process is available for estates meeting certain value thresholds.
Main Requirements
Estate Value Limit
Total gross value must be within the limit for the date of death: $208,850 (deaths on or after April 1, 2025), $184,500 (April 1, 2022 - March 31, 2025), or $166,250 (before April 1, 2022).
Waiting Period
At least 40 days must have passed since the date of death.
No Pending Probate
No petition for probate has been filed or is pending in California.
Proper Successor
You must be entitled to the property as a successor (heir, beneficiary, or legal representative).
No Real Property
Small estate affidavit cannot transfer real property.
Step-by-Step Process
Wait 40 Days After Death
California law requires at least 40 days to pass after the date of death before using a small estate affidavit. This waiting period is mandatory.
Confirm Eligibility
Verify the estate qualifies under the limit for the date of death: $208,850 for deaths on or after April 1, 2025, $184,500 for deaths between April 1, 2022 and March 31, 2025, and $166,250 for deaths before April 1, 2022 (form DE-300).
Gather Required Documents
Obtain certified death certificate(s), identify all assets to be claimed, and locate any will or trust documents if they exist.
Complete the Affidavit
Fill out the Small Estate Affidavit form with information about the decedent, the assets, and your right to inherit. Each successor must sign.
Present to Asset Holders
Take the completed affidavit, death certificate, and identification to banks, brokerages, DMV, or other institutions holding the assets.
Receive the Assets
Institutions are required to release assets to you within a reasonable time after receiving proper documentation. Keep records of all transfers.
FAQ: California Small Estate Affidavit
What is the small estate limit in California?
The limit depends on the date of death, not the date you file (Judicial Council form DE-300). For deaths on or after April 1, 2025, it is $208,850. For deaths between April 1, 2022 and March 31, 2025, it is $184,500. For deaths before April 1, 2022, it is $166,250, with even lower limits for deaths before January 1, 2020.
Do I need an attorney for a California small estate affidavit?
No, you do not need an attorney. The small estate affidavit process is designed to be handled without court involvement or legal representation.
How long does the small estate affidavit process take?
After the mandatory 40-day waiting period, the process typically takes a few days to a few weeks depending on how quickly you gather documents and how responsive the financial institutions are.
What if the estate includes a house?
The small estate affidavit (Probate Code 13100) only covers personal property. For deaths on or after April 1, 2025, a primary residence worth $750,000 or less can use a separate court petition under Probate Code section 13151. For earlier deaths, that $750,000 option does not apply - the succession petition (form DE-310) instead requires the whole estate to fit within the small-estate limit for the date of death. Very small-value California real property can use a separate Probate Code section 13200 affidavit ($69,625 limit for deaths on or after April 1, 2025; $61,500 for earlier deaths) after a longer waiting period.
Can I use a small estate affidavit if there is a will?
Yes, you can use a small estate affidavit whether or not there is a will. If there is a will, assets go to the named beneficiaries. If there is no will, assets pass according to California intestacy laws.
At a Glance
- Threshold
- $208,850
- Waiting Period
- 40 days
- Court Filing Fee
- $0 (no court filing)
- Attorney Required
- No
- Real Estate
- Not allowed
The $208,850 limit applies when the death occurred on or after April 1, 2025 (AB 2016). California sets the limit by the date of death, not the filing date (Judicial Council form DE-300): deaths between April 1, 2022 and March 31, 2025 use $184,500, and deaths before April 1, 2022 use $166,250.
For real property, California uses separate procedures set by the date of death. For deaths on or after April 1, 2025: a Petition to Determine Succession to Primary Residence for a primary residence worth $750,000 or less, or a small-value real-property affidavit under Probate Code section 13200 when the California real property is worth $69,625 or less. For earlier deaths, the $750,000 option does not exist - the succession petition (form DE-310) instead requires the combined real and personal property to stay within the small-estate limit for the date of death, and the section 13200 limit is $61,500.
Official Forms, Sources, and Verification
Probate Code sections 13100-13116 (Collection or Transfer of Small Estate Without Administration)
California Legislative Information. Current official statute text, accessed June 2026.
Probate Code section 13200 (Affidavit re Real Property of Small Value)
California Legislative Information. Current official statute text, accessed June 2026.
Wills, Estates, and Probate (self-help)
California Courts (Judicial Branch). Current court self-help topic, accessed June 2026.
Need Help Figuring Out Which Probate Process Applies?
Use our California probate assessment tool to get step-by-step guidance based on your estate's size, assets, and documents.
Information current as of May 31, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in California can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.