Small estate affidavit in California

A small-estate affidavit lets you collect a deceased person's personal property in California without opening a formal probate case.

It is available when the total personal property subject to probate is worth 208,850 dollars or less. That figure applies to deaths on or after April 1, 2025; for deaths between April 1, 2022 and March 31, 2025 the limit is 184,500 dollars. The limit follows the date of death, not the date you file.

You must wait at least 40 days after the death before you can use it.

It does not transfer real property. A primary residence worth 750,000 dollars or less can pass by a separate court petition, and other real property up to 69,625 dollars by its own affidavit, each with its own form.

California Probate Code § 13100

Who qualifies

The person entitled to the property, most often the surviving spouse, a child, or another beneficiary or heir, may present the affidavit to whoever holds the asset, such as a bank. The affidavit states, under penalty of perjury, that the estate qualifies and that the person signing is entitled to the property.

At least 40 days must have passed since the death, and no probate case may be pending or already granted for the estate.

California Probate Code § 13101

What it excludes

The affidavit reaches personal property only, such as bank accounts, uncashed checks, and personal belongings. It cannot transfer real property.

Real property of small value, up to 69,625 dollars, is handled through a separate affidavit under section 13200. Above that, a home that was the deceased person's primary residence can pass by court petition if worth 750,000 dollars or less, under Probate Code sections 13150 to 13157, a change effective April 1, 2025. If the estate holds a home in the deceased person's name alone, the small-estate affidavit is not the right instrument.

California Probate Code § 13200 (real property of small value)

Go deeper

Probate in California

If the estate is above the limit, this is the process it follows instead.

Primary sources

Last updated July 2026

This is general information, not legal, tax, financial, or medical advice. Rules vary by state and change over time. Please confirm anything that affects your situation with a qualified professional.