California Small Estate Affidavit Limit: $208,850 and the 40-Day Rule (2026)

If you've just become an executor in California, one of your first questions is likely: "Can we skip probate court?" The answer often comes down to a single number.

California allows estates of $208,850 or less to use the small estate affidavit procedure, a streamlined process that bypasses probate court entirely. This limit applies to deaths on or after April 1, 2025, and is next scheduled to be adjusted on April 1, 2028. This guide explains the limit, who qualifies, and what the 40-day waiting period means for your timeline.

The $208,850 Limit

California's small estate law (Probate Code Section 13100) lets a successor collect a decedent's personal property without court supervision if the gross value of the decedent's real and personal property in California is $208,850 or less. Certain property, described in Probate Code Section 13050, and any property included in a Section 13151 petition, is left out of that total. The limit is set by the Judicial Council on form DE-300 and adjusts every three years (the previous limit was $184,500 for deaths from April 1, 2022 through March 31, 2025).

Add up the value of all bank accounts, investments, and personal property the decedent owned in their own name, plus any real property in California. Vehicles and vessels registered with the DMV are left out of the total (Probate Code Section 13050), and ExecutorBench does not count them toward the limit. If the total is $208,850 or less, the affidavit may be available.

Real property counts toward the limit but does not bar the affidavit. Probate Code Section 13103 expressly contemplates an affidavit for an estate that includes California real property; a probate referee's inventory and appraisal of the real property is attached. The affidavit collects personal property and does not transfer a house or land. California has shorter court procedures for real property: a petition for a primary residence worth up to $750,000 (Section 13151, form DE-310, 40 days after death, for deaths on or after April 1, 2025), an affidavit for real property worth up to $69,625 no sooner than six months after death (Section 13200, form DE-305), and a spousal or domestic partner property petition with no dollar cap (Section 13650, form DE-221). Ask the probate court's self-help center or an attorney which applies.

What "Probate Estate" Means

Not everything counts toward the $208,850 limit. California's probate rules exclude assets that pass directly to beneficiaries without court involvement:

• Joint accounts (with right of survivorship)
• Accounts with a named beneficiary (payable-on-death or POD)
• Investments held in a revocable living trust
• Life insurance proceeds (unless payable to the estate)
• Vehicles and vessels registered with the DMV (excluded from the limit whether or not they have a TOD designation; an unregistered vehicle, or one registered only in another state, is not covered by that exclusion)

The affidavit applies only to assets the decedent owned alone and that have no named beneficiary.

The 40-Day Waiting Period

California requires a successor to wait until 40 days have elapsed since the death before using the small estate affidavit (Probate Code Sections 13100 and 13101).

Timeline example:

• Death occurs on January 15
• Earliest filing date: February 24 (40 days later)

The 40 days run from the date of death, not from when the executor is appointed or probate would begin.

How the Affidavit Works

Once the 40-day period has passed:

1. Prepare the affidavit or declaration. It must state the decedent's name, the date and place of death, that at least 40 days have elapsed (shown by an attached certified death certificate), that no administration proceeding is open in California (or the personal representative consents in writing), that the gross value of the California property is within the limit, a description of the property, the successor's name, that you are the successor or authorized to act for the successor, that no other person has a superior right, a request for transfer, and a declaration under penalty of perjury (Probate Code Section 13101)
2. Attach a certified death certificate and the Judicial Council form DE-300 list in effect on the date of death (Section 13101(d), (f)); if the estate includes California real property, attach a probate referee inventory and appraisal (Section 13103)
3. Sign it under penalty of perjury; each co-successor signs (Section 13101(b)). Many institutions also ask for notarization, and may ask for proof of identity (Section 13104)
4. Deliver it to the institution holding each asset (your bank, brokerage, etc.); the institution releases the asset to the successor under Section 13006

A successor who receives property is personally liable for the decedent's unsecured debts up to the net value received (Probate Code Section 13109).

The affidavit is given to the institution holding the asset, not filed with a court, so no court appearance or publication is involved.

Illustrative Example

A California executor has this estate:

• Checking account (sole): $25,000
• Savings account (sole): $20,000
• Car (sole): $12,000
• Brokerage account (payable-on-death): $300,000

Counted value: $45,000 ($25k + $20k; the brokerage doesn't count, and a car registered with the DMV is excluded under Section 13050(b)(1))

Result: This estate is under the limit, so the small estate affidavit may be available. The $300,000 POD account passes directly to the named beneficiary and doesn't hold up the affidavit process.

When Small Estate Affidavit Is Not Available

You cannot use the affidavit if:

• The gross value of the estate exceeds $208,850
• The gross value, including California real property but excluding vehicles and other Section 13050 property, is over $208,850
• Someone else has a better right to the property than you (Probate Code Section 13101(a)(9))
• A probate case has been opened and the personal representative does not consent

In these cases, you may need a court procedure such as full probate administration, which typically takes 9 to 18 months (Judicial Council estimate) and involves court supervision. Shorter procedures for a primary residence or small real property may also apply (see above).

Next Steps

If your California estate may qualify for the small estate affidavit:

1. Obtain certified copies of the death certificate (many families need 5 to 15; ask each institution)
2. Wait out the 40-day period
3. Gather a certified death certificate for each institution and form DE-300 to attach (Probate Code Section 13101(d), (f))
4. Work with institutions to complete the affidavit process

ExecutorBench's small estate eligibility checker shows the route that usually applies to the numbers you enter and lists typical next steps.

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For questions about your specific California estate, consult an attorney licensed in California.