California Small Estate Affidavit

It is a sworn statement that lets a decedent's heir or successor collect the decedent's personal property, such as a bank account, final wages, or a vehicle, without opening a full probate case. In California the affiant uses Probate Code Section 13100, swears that at least 40 days have passed since the death and that the qualifying estate value is at or below $208,850 for a death on or after April 1, 2025, then presents the signed affidavit to whoever holds the asset. It is usually the fastest, cheapest way to settle a small California estate.

Probate is a court-supervised process that appoints a personal representative to gather assets, pay debts, and distribute what remains, and in California it can take many months. A small estate affidavit skips that process for qualifying estates: under Cal. Probate Code Section 13100 the successor signs a sworn affidavit and collects the personal property directly, with no court appointment. The affidavit is available only when the gross qualifying value does not exceed $208,850 for a death on or after April 1, 2025, and no probate proceeding is pending.

For a death on or after April 1, 2025, the gross value of the decedent's real and personal property in California must not exceed $208,850 (Judicial Council Form DE-300, adjusting Cal. Probate Code Section 13100). For a death between April 1, 2022 and March 31, 2025 the figure was $184,500. The value excludes property that passes outside probate under Probate Code Section 13050, so the countable amount can be well below the gross estate. California adjusts this limit every three years, next on April 1, 2028.

At least 40 days must have elapsed since the date of the decedent's death before the affidavit may be used (Cal. Probate Code Section 13100). The affidavit states that this 40-day period has passed, and a certified copy of the death certificate showing the date of death is attached (Section 13101). If fewer than 40 days have passed, the person holding the asset can decline to release it, so the waiting period is a firm requirement in California.

The $208,850 limit counts the decedent's real and personal property in California but excludes property described in Cal. Probate Code Section 13050, which is property that passes outside probate. That includes joint tenancy assets, property passing to a surviving spouse, and accounts or policies with a named beneficiary or pay-on-death designation. Property covered by a separate Section 13151 primary-residence petition is also excluded. Because of these exclusions, the countable value can be far below the total value of what the decedent owned.

The Section 13100 affidavit reaches personal property only, such as bank accounts, wages, and securities. 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. A primary residence worth up to $750,000 uses a court petition to determine succession under Section 13151. Which procedure applies depends on the type and value of the property, so a California estate with a house is handled differently from one with only accounts.

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. A certified copy of the death certificate must be attached, and the will if the decedent left one (Section 13101). The affiant swears under penalty of perjury that they are entitled to the property and that no person has a superior right to it.