Last verified 2026-09-06; 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 and the statutory treatment of property included in a section 13151 petition. Do not use only the balance of the account you want to collect as the estate total. 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.

Where do you get a California small-estate affidavit form?

Ask the institution holding the property for its packet. If it has no form, the California Courts instructions point to local self-help centers and law-library samples. DE-300 lists the dollar limits; it is not the affidavit itself.

What documents are required?

Use the free estate-document checklist to organize the records and track what each institution still needs.

Prepare the declaration required by Probate Code section 13101. It identifies the deceased person, the property, the successor, the right to receive it, and the required eligibility statements under penalty of perjury.

Document	What to check
Completed affidavit or declaration	Identify the specific property and the successor entitled to it; address other successors correctly
Certified death certificate	This is a required attachment, not merely an optional bank request; use the California death-certificate guide to find the issuing office and copy type
DE-300 adjusted dollar amounts	Attach the list applicable to the date of death for deaths on or after April 1, 2022
Personal representative's written consent and Letters, if applicable	Attach both when using the procedure with the representative's consent
Proof of identity and ownership	Prepare identification and a statement or other record identifying the deceased person's property

The applicable DE-300 form lists $184,500 for deaths April 1, 2022–March 31, 2025, and $208,850 for deaths on or after April 1, 2025. Use the death date, not the date you submit the packet.

Where do you submit the affidavit?

Give the completed packet to the bank, brokerage, or other holder of the personal property. This personal-property procedure is not a petition to have the probate court appoint you executor. Ask the institution how to submit it securely and keep a copy and delivery record.

For your tracking notes, record the asset, submission date, reference number, missing documents, and next follow-up date. If a request is rejected, ask for the specific missing fact or document in writing before resubmitting.

What if the bank asks for Letters Testamentary?

Ask whether its estate team has reviewed your eligibility for the affidavit route. Section 13100 allows qualifying successors to collect covered property without obtaining Letters. If eligibility or ownership is disputed, get advice before signing a new declaration or opening probate.

If formal probate is required, Letters Testamentary or Letters of Administration establish the appointed representative's authority. That route can lead to opening an estate bank account.

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. For a qualifying residence, review the DE-310 succession petition. Use the California property-transfer-after-death map to compare joint tenancy, trust title, spouse, succession, and probate routes before choosing a form.

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