California Small Estate Affidavit Process: Step-by-Step (2026)

If the gross value of your California estate is $208,850 or less, you may be able to collect the personal property without probate court. This guide explains how the small estate affidavit process works, step by step.

Who Can Use the Small Estate Affidavit?

You can use this process if:

• The gross value of the decedent's California real and personal property is $208,850 or less (for deaths on or after April 1, 2025; certain property under Probate Code Section 13050 is left out)
• The affidavit is used for personal property. Real property counts toward the limit but does not bar the affidavit (Probate Code Section 13103, with a probate referee inventory and appraisal attached); the affidavit cannot transfer the real property itself, and other procedures exist for it (Sections 13151, 13200 and 13650)
• At least 40 days have elapsed since death
• No one else has a superior right to the property, and no probate case is open (or the personal representative consents in writing)

Probate assets are those owned in the decedent's sole name with no named beneficiary or joint owner. Assets passing by beneficiary designation (life insurance, POD accounts) or held in trust do not count toward the limit.

Timeline: 40-Day Wait, Then 2 to 4 Weeks to Complete

Day 0: Decedent passes away.

Day 1 to 40: You wait. During this time:

• Obtain certified death certificates (ask each institution how many it needs)
• Locate the original will (if any); if you hold it, deliver it to the court clerk within 30 days of learning of the death (Probate Code Section 8200)
• Make a list of all assets and values
• Notify key institutions of the death

Day 40 or later: You can use the affidavit. Once you deliver it to an institution, it typically processes the transfer within 1 to 2 weeks (varies by institution).

Total time: typically 6 to 8 weeks (vs. typically 9 to 18 months for full probate).

Step-by-Step Process

Step 1: Wait 40 Days After Death

California law requires a mandatory 40-day waiting period. You cannot use the affidavit before 40 days have elapsed.

Example: If death occurs on January 15, the earliest you can use it is February 24.

Step 2: Gather Required Documents

Collect:

• A certified copy of the death certificate for each institution (many families need 5 to 15)
• Form DE-300 (maximum values in effect on the date of death)
• If the estate includes California real property, a probate referee inventory and appraisal
• A list of all assets with values
• Information about each successor (names and addresses)
• Your identification (driver's license, passport); institutions may require proof of identity (Probate Code Section 13104)

Step 3: Determine the Successors

The affidavit is signed by the successor (Probate Code Section 13006): the person entitled to the property under the will, or under intestacy law if there is no will. A will is not required for this procedure. Under intestacy (Probate Code Sections 6401 and 6402), a surviving spouse takes all community and quasi-community property, and all, one-half or one-third of the separate property depending on whether there are children, parents or siblings; the rest passes to children, then parents, then siblings, then more distant relatives. If there are several successors, each signs (Section 13101(b)).

Step 4: Prepare the Affidavit

Under Probate Code Section 13101(a), the affidavit or declaration states:

• The decedent's name
• The date and place of death
• That at least 40 days have elapsed since the death, as shown in an attached certified death certificate
• That no proceeding for administration is pending or has been held in California (or that the personal representative consents in writing)
• That the gross value of the California real and personal property, excluding Section 13050 property and Section 13151 petition property, does not exceed the limit
• A description of the property
• The name of the successor
• That the affiant is the successor or is authorized to act for the successor
• That no other person has a superior right to the property
• A request that the property be transferred to the successor
• A declaration under penalty of perjury

Step 5: Sign the Affidavit

California allows an affidavit or a declaration signed under penalty of perjury (Probate Code Section 13101). Many institutions also ask for a notary, so check with each one. Notaries are available at banks, libraries, UPS stores, and online services.

Cost: up to $15 per signature (Gov. Code Section 8211).

Step 6: Deliver to the Institution Holding Each Asset

For each asset (bank account, brokerage, vehicle, etc.), deliver:

• The signed affidavit with Form DE-300 attached
• A certified death certificate (most institutions require one; some require two)
• Your identification
• Any account information or forms the institution requires

The institution reviews these documents and transfers the asset to the successor. Each person who receives property is personally liable for the decedent's unsecured debts up to the net value received (Probate Code Sections 13109 to 13111).

Step 7: Collect Receipts

After each transfer, ask the institution for a letter or receipt confirming the asset was released. Keep these for your records.

Common Mistakes to Avoid

1. Counting assets that don't count:

• Joint accounts (pass to co-owner automatically)
• Payable-on-death accounts (pass to named beneficiary)
• Retirement accounts (pass to named beneficiary)
• Assets in a trust (handled by trustee, not executor)

These don't count toward the $208,850 limit.

2. Filing before 40 days have passed: An affidavit presented early is likely to be rejected. The 40-day waiting period has to run first.

3. Expecting the affidavit to transfer real property: The affidavit collects personal property. A house or land owned solely by the decedent needs a separate procedure (for example Section 13151 for a primary residence up to $750,000, Section 13200 for real property up to $69,625, or Section 13650 for a surviving spouse or domestic partner). Real property still counts toward the $208,850 limit.

4. Skipping the notary when the institution requires one: The law accepts a declaration under penalty of perjury, but some institutions insist on notarization. Ask first.

5. Not collecting all required death certificates upfront: Ask each institution how many certified copies it needs, and order a few extra. Most institutions need one, some need two. You'll wish you had ordered more.

Cost

The small estate affidavit process is inexpensive:

Item	Cost
Death certificates (10 at $20-30 each; typical, varies by county)	$200 - $300
Notary fees (up to $15 per signature, Gov. Code Section 8211)	$10 - $30
Certified copies of documents	$20 - $50
Postage and misc.	$30 - $50
Total	$260 - $430

Compare this to full probate, which typically costs $7,000 to $25,000 or more with attorney fees (typical; varies by county).

What You Don't Need

• Court petition
• Probate attorney (optional; many executors do this themselves)
• Court hearing
• Judge approval
• Creditor claims period or publication (the procedure has none, but a successor who receives property is liable for the decedent's unsecured debts up to its net value under Probate Code Sections 13109 to 13111, and each co-successor must sign)

That is why the small estate affidavit is much shorter than full probate.

Unsure If You Qualify?

Use our free small estate eligibility checker to confirm your estate qualifies, and get a personalized checklist of 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. Every estate is different; consult an attorney licensed in California if you have questions about your specific situation or whether the small estate affidavit process applies to you.