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

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

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.

Do you qualify?

Qualifying threshold: $208,850The $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.
Waiting period: 40 days
Court filing fee: $0 (no court filing)
Attorney: Not typically needed
Real estate: Not covered by this procedureFor 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.

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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

Covered in the "Do you qualify?" checklist at the top of this page.

Confirm Eligibility

Covered in the "Do you qualify?" checklist at the top of this page.

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.

Official Forms, Sources, and VerificationOfficial references used for this page

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.

Information current as of May 31, 2026

Settled Estate is not a law firm, and 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.