Last verified 2026-07-15; facts checked against the primary sources below

California small-estate affidavit: eligibility, timing, and documents

A California small-estate affidavit can let a successor collect qualifying personal property without opening formal probate. For deaths on or after April 1, 2025, the general limit is $208,850 in countable property, and at least 40 days must pass after the death before the affidavit procedure in Probate Code section 13100 can be used.

It is not a universal form for every asset. Real estate, disputed property, and assets with their own beneficiary or title rules may require a different procedure.

Who can use a California small-estate affidavit?

A successor entitled to the decedent's property may use the procedure if the statutory requirements are satisfied. That may be a beneficiary named in a will or an heir under California intestacy law. Everyone with an equal or superior right to the property must be addressed as required by section 13101.

Before signing, confirm that no probate proceeding is pending or has been conducted in California, subject to the exceptions in the statute.

Which assets count toward the $208,850 limit?

Start with property that would otherwise be part of the California probate estate, then apply the exclusions in Probate Code section 13050. Excluded categories include joint-tenancy property, certain property passing to a surviving spouse, vehicles and vessels registered under the Vehicle Code, and property held in trust.

The limit changes periodically. Use the Judicial Council's current DE-300 form for the amount tied to the date of death.

What documents are required?

Probate Code section 13101 requires a written declaration under penalty of perjury containing specific facts. The holder of the property may also require:

• a certified copy of the death certificate;
• evidence of the declarant's identity;
• the will, if one exists;
• documents showing the asset and its value; and
• signatures or assignments from other successors when required.

Use the California Courts self-help instructions as the starting point. A bank's packet can help with that bank's workflow, but it does not replace the Probate Code requirements.

Can the affidavit transfer a house?

The personal-property affidavit is not the ordinary method for transferring California real estate. California has separate court procedures for real property and a separate threshold for a decedent's primary residence. Check the current DE-300 amounts and the California Courts small-estate guidance before choosing a form.

Next: Check your likely estate route or read the executor checklist.