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.
Key Requirements
Estate Value Limit
Total gross value of personal property must be $208,850 or less.
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: total value of all personal property (excluding real property) must be $208,850 or less.
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 current limit is $208,850 in total personal property value. This threshold was increased effective April 1, 2025, under Assembly Bill 2016.
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 a primary residence worth $750,000 or less, California offers a separate court petition under Probate Code section 13151. For very small-value California real property worth $69,625 or less, a separate Probate Code section 13200 affidavit may be available 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
This threshold was updated April 1, 2025, under Assembly Bill 2016.
For real property, California uses separate procedures: 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.
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 April 4, 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.