California Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   California skips court entirely for a qualifying estate: under Probate Code Section 13100 a successor collects the decedent's personal property by handing a sworn affidavit straight to the bank holding it, available when the estate is $208,850 or less for a death on or after April 1, 2025.

2. 2

   The affidavit is available only when the gross value of the decedent's real and personal property in California does not exceed $208,850 for a death on or after April 1, 2025 (Judicial Council Form DE-300, adjusting Cal. Probate Code Section 13100).

3. 3

   It may not be used until at least 40 days have elapsed since the date of death (Cal. Probate Code Section 13100).

4. 4

   The value counts the decedent's real and personal property in California but excludes property that passes outside probate under Probate Code Section 13050, such as joint tenancy assets and accounts with a named beneficiary.

5. 5

   The affiant must attach a certified copy of the death certificate and state that no proceeding for administration of the estate is now being or has been conducted in California (Cal. Probate Code Section 13101).

6. 6

   The Section 13100 affidavit collects personal property only; California real property of small value uses a separate affidavit under Probate Code Section 13200, capped at $69,625, and a primary residence up to $750,000 uses a court petition under Section 13151.

7. 7

   The successor presents the signed affidavit directly to the bank, employer, or agency holding the asset rather than filing it with a court, and the dollar limits adjust every three years, next changing April 1, 2028 (Cal. Probate Code Section 890).

California Requirements for Small Estate Affidavit

• 40-Day Waiting Period

  In California a small estate affidavit may not be used until at least 40 days have elapsed since the date of the decedent's death (Cal. Probate Code Section 13100). The affidavit states that this 40-day period has passed, supported by the attached certified death certificate.

• $208,850 Qualifying Value Limit

  The affidavit is available only when the gross value of the decedent's real and personal property in California does not exceed $208,850 for a death on or after April 1, 2025 (Judicial Council Form DE-300, adjusting Cal. Probate Code Section 13100). The value excludes property that passes outside probate under Section 13050, such as joint tenancy assets and accounts with a named beneficiary. The limit is adjusted every three years and next changes April 1, 2028 (Section 890).

• Real Property Uses a Separate Procedure

  The Section 13100 affidavit reaches personal property only. California real property of small value passes by a separate affidavit under Cal. Probate Code Section 13200, capped at $69,625 for a death on or after April 1, 2025, and a primary residence worth up to $750,000 uses a court petition to determine succession under Section 13151.

• No Probate May Be Pending

  The affiant must state that no proceeding for administration of the decedent's estate is now being or has been conducted in California (Cal. Probate Code Section 13101). If probate has already been opened, the affidavit is not available.

• Certified Death Certificate and Will

  A certified copy of the decedent's death certificate must be attached to the affidavit, and it evidences that at least 40 days have elapsed since the death (Cal. Probate Code Section 13101). If the decedent left a will, a copy is attached as well.

• Who May Be the Affiant

  Only a successor of the decedent, as defined in Cal. Probate Code Section 13006, may sign, meaning the beneficiary named in the will or, with no will, the heir entitled under California intestacy rules. The affiant swears they are entitled to the property and that no person has a superior right to it.

• Presented to the Asset Holder, Not Filed

  A Section 13100 affidavit is presented directly to the bank, employer, or agency holding the asset, not filed with a court. Only the primary-residence petition under Cal. Probate Code Section 13151 is filed with the probate court.

• Signed Under Oath With Personal Liability

  The affidavit is signed under penalty of perjury (Cal. Probate Code Section 13101). A person to whom the decedent's property is delivered may be personally liable for the decedent's unsecured debts, to the extent provided in Cal. Probate Code Section 13109. Do not sign if the facts are uncertain.