California Small Estate Affidavit
If a California decedent's estate is worth $208,850 or less (for deaths on or after April 1, 2025) and at least 40 days have passed since death, successors can usually collect personal property with a small estate affidavit instead of formal probate.
By Find Local Law Editorial Team · Last reviewed: May 23, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
If an estate is small enough, California lets the people who inherit collect the assets without opening formal probate — avoiding the statutory attorney and executor fees entirely.
The current limits (deaths on or after April 1, 2025)
These maximums come from Judicial Council form DE-300 and are adjusted for inflation every three years (next adjustment April 1, 2028):
| Procedure | Property | Maximum gross value |
|---|---|---|
| Affidavit to collect personal property (§13100) | Real + personal property in CA | $208,850 |
| Affidavit re real property of small value (§13200, form DE-305) | Real property only | $69,625 |
| Petition to determine succession to a primary residence (§13151, form DE-310) | Primary residence | $750,000 |
For a decedent who died between April 1, 2022 and March 31, 2025, the personal-property limit is $184,500 and the real-property-of-small-value limit is $61,500. Use the limit in effect on the date of death, not today’s date.
How the personal-property affidavit works
- Wait 40 days from the date of death (Prob. Code §13100).
- Confirm the estate qualifies — total gross value of California real and personal property at or below the limit, excluding certain assets (joint tenancy property, payable-on-death accounts, and property already passing outside probate).
- Prepare the affidavit — a declaration signed under penalty of perjury identifying the property and the successor’s right to it.
- Attach a certified copy of the death certificate and the completed DE-300 maximum-values form.
- Present it to whoever holds the asset — a bank, brokerage, or transfer agent — who releases the property to the successor. No court filing is needed for personal property.
When you still need probate
If the estate exceeds the limit, includes a non-primary-residence property over $69,625, or there are disputes among heirs, you generally need formal probate. Compare the costs of full probate to see why the affidavit route is worth checking first.
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Start your free intakeFrequently asked questions
- What is the small estate limit in California in 2025?
- For a decedent who died on or after April 1, 2025, the gross value of the estate's real and personal property in California must not exceed $208,850 to use the affidavit to collect personal property (Probate Code §13100). For deaths between April 1, 2022 and March 31, 2025, the limit is $184,500. These figures are adjusted for inflation every three years; the next adjustment is April 1, 2028.
- How long after death must you wait?
- At least 40 days must pass since the date of death before you can use a small estate affidavit to collect personal property (Probate Code §13100).
- Can a small estate affidavit transfer real estate?
- Not the same way. Personal property uses the §13100 affidavit. Real property has separate procedures: an Affidavit re Real Property of Small Value (form DE-305) for real property worth $69,625 or less, or a Petition to Determine Succession to a Primary Residence (form DE-310) for a primary residence worth $750,000 or less — both figures for deaths on or after April 1, 2025.
- How does the affidavit process work?
- After the 40-day wait, the successor signs a declaration under penalty of perjury describing the property and their right to it, attaches a certified copy of the death certificate and the Judicial Council DE-300 maximum-values form, and presents it to whoever holds the asset (a bank, transfer agent, etc.). No court filing is required for the personal-property affidavit.
Sources
Related guides
- California Executor Duties A California executor (personal representative) must petition for appointment, notify heirs and creditors, file an inventory and appraisal within 4 months, pay valid debts and taxes, and account to the court before distributing the estate — all as a fiduciary.
- California Probate Costs & Statutory Attorney Fees In California, both the attorney and the executor are each paid a statutory fee set as a percentage of the estate's gross value — 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, then 1% and 0.5% on larger estates.
- California Probate Timeline: Step by Step California probate typically takes about 9 to 18 months from filing the petition to final distribution, driven largely by the mandatory creditor claim period (at least 4 months) and the time to inventory assets and obtain court approval.
- Do You Need a Lawyer for California Probate? California does not require you to hire a lawyer for probate, but most personal representatives do, because the process is deadline-driven, the representative is personally liable for mistakes, and the attorney's fee is paid by the estate on the same statutory schedule regardless.
- Related area: Estate Planning & Administration in California