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, a figure that took effect on April 1, 2025.

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

It does not transfer real property, which follows a separate procedure with its own, higher limit.

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 is handled through a separate affidavit and, above that, a court petition, each with its own dollar limit and form. 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.