Small Estate Affidavit California: When You Don't Need Probate

Not every estate needs to go through California's lengthy probate process. If the estate is small enough, you may be able to transfer assets using a Small Estate Affidavit: a simple form that avoids court entirely.

Good News

California has some of the most generous small estate thresholds in the country. For deaths on or after April 1, 2025, you can transfer up to $208,850 in personal property without probate (Probate Code 13100, as adjusted under section 890).

What is a Small Estate Affidavit?

A Small Estate Affidavit (also called a "Declaration for Collection of Personal Property") is a legal document that allows you to claim a deceased person's assets without going through probate court. Under California Probate Code Section 13100, qualifying successors can use this affidavit to:

Collect bank account funds
Transfer vehicle titles
Claim stocks, bonds, and investment accounts
Collect insurance proceeds payable to the estate
Retrieve personal property from storage units or safe deposit boxes

California Small Estate Limits (2024-2025)

Current Thresholds

Personal Property Affidavit (No court filing required)	$208,850
Simplified Petition for the Primary Residence (Streamlined court process, Probate Code 13151)	$750,000
Spousal Property Petition (For surviving spouses)	No Limit

Note: Effective April 1, 2025, these limits increase to $208,850 for personal property and $750,000 for real property (primary residence only).

Do You Qualify? Requirements Checklist

To use a Small Estate Affidavit in California, ALL of the following must be true:

40 Days Have Passed

At least 40 days must have elapsed since the decedent's death

No Probate Filed

No probate proceeding is currently pending or has been conducted

Under the Limit

Total value of ALL estate property in California is $208,850 or less

You're the Rightful Successor

You are entitled to the property under the will or California intestacy laws

No Real Estate (for Affidavit)

The estate does not include real property (separate process required)

What DOESN'T Count Toward the $208,850 Limit

Good news: many assets are excluded when calculating whether you're under the limit:

Excluded from Calculation

• Joint tenancy property
• Property in a living trust
• Life insurance (with named beneficiary)
• Retirement accounts (401k, IRA with beneficiary)
• Payable-on-death bank accounts
• Transfer-on-death securities
• Vehicles registered with the DMV, whatever their value (Probate Code 13050)

Included in Calculation

• Bank accounts in decedent's name only
• Stocks/bonds without TOD designation
• Personal property (furniture, jewelry)
• Vehicles titled solely in decedent's name
• Business interests
• Money owed to decedent

How to Use a Small Estate Affidavit: Step by Step

Step 1: Wait 40 Days

You cannot use the affidavit until 40 days after the date of death.

Step 2: Prepare the Affidavit

Complete the "Declaration for Collection of Personal Property" form. Include your information, the decedent's information, description of property, and your legal basis to claim it.

Step 3: Attach Required Documents

Include a certified copy of the death certificate. If there's a will, attach a copy.

Step 4: Sign Under Penalty of Perjury

The affidavit must be signed and dated. Some institutions require notarization.

Step 5: Present to the Institution

Deliver the affidavit to the bank, brokerage, or other entity holding the property. They must release it within a reasonable time.

Important Warning

By signing the affidavit, you become personally liable to creditors, other heirs, and the state of California if you misrepresent the facts or misuse the funds. This is a sworn statement under penalty of perjury.

What About Real Estate?

Real property (homes, land, commercial buildings) cannot be transferred with a Small Estate Affidavit. However, California offers a simplified process for small real estate holdings:

Affidavit for Real Property of Small Value

If the gross value of all real property in California is $69,625 or less (deaths on or after April 1, 2025; Probate Code 13200), you can file this affidavit with the court instead of a full probate. For a primary residence worth up to $750,000, a simplified petition is available (Probate Code 13151).

Requirements: 6 months must pass after death, no probate pending, property value under threshold.

Small Estate Affidavit vs Full Probate

Factor	Small Estate Affidavit	Full Probate
Time Required	40 days + processing	9-18 months
Court Filing	Not required	Required
Attorney Required	No	Highly recommended
Cost	$0 - $100	$3,995 - $23,000+
Asset Limit	$208,850	No limit

When You Can't Avoid Probate

Unfortunately, a Small Estate Affidavit won't work if:

Estate value exceeds $208,850
Real estate is involved (unless using simplified real property petition)
There are disputes among heirs
Creditors need formal court process
The institution refuses to honor the affidavit

Estate Over the Limit?

If the estate exceeds $208,850 or includes real property, you'll need to file probate. MyProbateCA offers complete California probate for a flat fee from $3,995. On a $500,000 estate, the statutory attorney fee is $13,000.

See our step-by-step probate guide →