California Small Estate Affidavit: $208,850 Limit, Rules and Forms

California lets the successor of someone who died collect personal property without probate through a small estate affidavit under Probate Code Section 13100, when the gross value of the decedent's California real and personal property, not counting the assets the law excludes, is $208,850 or less for a death on or after April 1, 2025. The affidavit can be used once 40 days have passed since the death.

The affidavit is not filed with a court; it goes straight to the bank or other holder of the property. It cannot transfer a house. California has separate procedures for real estate, a court route for property passing to a surviving spouse, and a spouse's affidavit for final wages, all explained below. For how other states handle this, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers California's procedures for collecting or transferring a decedent's property without full probate under Division 8 of the Probate Code: the personal property affidavit (Sections 13100 to 13117), the primary residence petition (Sections 13150 to 13157), the affidavit for real property of small value (Sections 13200 to 13211), property passing to a surviving spouse (Sections 13500 and 13650), and a spouse's collection of final wages (Section 13600), plus the DMV vehicle transfer affidavit. It does not cover full probate administration, who inherits under California intestacy law, estate tax, or the law of any other state.

California's no-probate options at a glance

California has more than one shortcut, and each has its own limit, waiting period and court involvement. The figures below apply to a death on or after April 1, 2025.

California also has a small estate set-aside under Probate Code 6600, a court petition for a surviving spouse or minor children, with a separate limit of $107,900 for deaths on or after April 1, 2025. It is a different procedure from the affidavit and is outside the scope of this page.

What is the small estate limit in California?

For a death on or after April 1, 2025, the limit is $208,850. Probate Code 13100 sets the limit as the "gross value of the decedent's real and personal property in this state," "as adjusted periodically in accordance with Section 890." Under Section 890, the Judicial Council adjusts the figure for inflation every three years, and the amount in effect on the date of death is the one that applies.

The Judicial Council's list of adjusted amounts states that the dollar amounts "were adjusted on April 1, 2022, and April 1, 2025," and "Unless otherwise provided by statute, these amounts will next be adjusted on April 1, 2028."

Watch out for old numbers. The text of Section 13100 still prints the $166,250 base figure, the California Courts self-help page on small estates still says "$184,500 or less" for deaths on or after April 1, 2022, and a DMV manual uses $150,000. For a death on or after April 1, 2025, the Judicial Council's adjusted figure of $208,850 applies.

What counts toward the limit, and what does not

The test uses gross value, so mortgages and other liens are not subtracted. Real property in California counts toward the $208,850 total even though the affidavit cannot transfer it. If there is any such real property, the affidavit must be accompanied by an inventory and appraisal of it made by a probate referee (Section 13103).

Probate Code 13050 removes several kinds of property from the count:

• property the decedent held as a joint tenant;
• life interests;
• property passing to the surviving spouse under Section 13500;
• property held in a revocable trust;
• multiple-party and payable-on-death accounts, to the extent they pass to the surviving party or payee;
• vehicles, vessels and mobilehomes registered with the state;
• military pay;
• up to $20,875 of salary or other compensation owed to the decedent (for deaths on or after April 1, 2025).

A primary residence that is the subject of a Section 13151 petition is also left out of the affidavit count. Because of these exclusions, an estate that looks larger than $208,850 on paper may still qualify for the affidavit.

How long do you have to wait?

Forty days. Section 13100 applies "if 40 days have elapsed since the death of the decedent," and the affidavit must say that at least 40 days have passed, "as shown in a certified copy of the decedent's death certificate attached to this affidavit or declaration" (Probate Code 13101).

Who can sign the affidavit

Only the "successor of the decedent" can use it. Under Probate Code 13006, that means:

• if the decedent left a will, "the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property" under the will;
• if the decedent left no will, "the sole person or all of the persons who succeeded to the particular item of property" under the intestacy rules in Sections 6401 and 6402.

If more than one person succeeds to an item, all of them sign. Under Section 13051, a guardian or conservator, a trustee, an agent under the successor's durable power of attorney, a custodian under the Uniform Transfers to Minors Act named in the will, or a sister-state personal representative can act for a successor. A creditor, or someone who paid for the funeral, is not a successor.

Step by step: using the California small estate affidavit

1. Wait 40 days after the death and get a certified copy of the death certificate.
2. Confirm no estate case exists in California. The affidavit must state that "No proceeding is now being or has been conducted in California for administration of the decedent's estate." If a personal representative has been appointed, the affidavit can be used only with the representative's written consent, with a copy of the letters attached.
3. Total the gross value of the decedent's California real and personal property, leaving out the Section 13050 exclusions above. It must be $208,850 or less for a death on or after April 1, 2025.
4. Get the affidavit. There is no Judicial Council form for the personal property affidavit; Section 13101 prescribes what it must say. The California Courts self-help page advises: "Ask the company or institution (like a bank) that has the property if they have an Affidavit for you to use. Many companies and institutions have their own and will want you to use their version."
5. Complete the required statements. The affidavit identifies the decedent and the date and place of death, describes the property, states that the gross value is within the limit, and states that the signer is the successor and that no one has a superior right to the property. It is signed under penalty of perjury.
6. Attach the Judicial Council's list of adjusted amounts. For a death on or after April 1, 2022, Section 13101(f) requires that the list in effect on the date of death be attached. That list is form DE-300, Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration.
7. Attach a referee's appraisal if there is California real estate. If the decedent owned any real property in California, Section 13103 requires the affidavit to be accompanied by an inventory and appraisal of it (form DE-160) made by a probate referee.
8. Prove your identity. Section 13104 requires "reasonable proof of identity of each person executing the affidavit." That can be by a notary's acknowledgment, or, when signing in front of the holder, by being personally known to the holder or showing listed identification.
9. Present it to each holder. You give the affidavit to the bank, company or other holder; nothing is filed with a court, so there is no court filing fee.

The self-help page notes: "Legally, you are not required to have the Affidavit notarized. But many institutions will ask you to do so." Under Section 13102, a holder may also ask for evidence of ownership, and if that is not available, a bond, undertaking or indemnity agreement.

What the affidavit can collect

Section 13100 lets the successor:

• "Collect any particular item of property that is money due the decedent," such as a bank account;
• "Receive any particular item of property that is tangible personal property of the decedent"; and
• have "any particular item of property that is evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred," which is how stocks and other securities are re-registered.

If the bank refuses

A holder that receives a proper affidavit is protected. Under Probate Code 13106, receipt of the affidavit "constitutes sufficient acquittance" and "discharges the holder from any further liability," and the holder "has no duty to inquire into the truth of any statement" in it. If the holder still refuses, the successor can sue to recover the property, and under Section 13105 "the court shall award reasonable attorney's fees to the person or persons bringing the action if the court finds that the holder of the decedent's property acted unreasonably."

Can you transfer a house with a small estate affidavit in California?

No. The California Courts self-help page states: "You cannot use this type of Affidavit to transfer real property (like a house, building, or land)." Real estate has its own procedures. Which one fits depends on whether the property was the decedent's primary residence, what it is worth, and whether it passes to a surviving spouse. Our guide to California property records explains how to check how a deed is titled.

Primary residence: petition under Probate Code 13151

Since January 1, 2025, Assembly Bill 2016 (Stats. 2024, ch. 331) has limited this procedure to the decedent's primary residence in California and set a higher limit. Section 13152 provides: "If the decedent dies on or after April 1, 2025, through March 31, 2028, the dollar amount for paragraph (2) of subdivision (a) is seven hundred fifty thousand dollars ($750,000)." From April 1, 2028, the amount is adjusted for inflation again.

How it works:

• Who files. The successor to the residence files a petition in the superior court of the county where the estate may be administered, once 40 days have passed since the death. Each petitioner verifies the petition.
• The form. Judicial Council form DE-310, Petition to Determine Succession to Primary Residence, filed with an inventory and appraisal (forms DE-160 and DE-161) and the DE-300 list of values.
• Value. The test is "the gross value of the real property that was the decedent's primary residence in this state, as shown by the inventory and appraisal attached to the petition." The appraisal is done by a probate referee, and liens are not subtracted.
• Notice. The petitioner "shall deliver a notice of the petition to each heir and devisee named in the petition" within five business days of filing.
• The order. Under Section 13154, the court grants the order only if it finds the value is within the limit, that "Not less than 40 days have elapsed since the death of the decedent," that no estate administration is or has been conducted in California (or the personal representative consents), and that the residence passes to the petitioner.

The court filing fee for this petition was not confirmed for this page; ask the probate clerk of the superior court.

Real property of small value: affidavit under Probate Code 13200

For California real property worth up to $69,625 in total (deaths on or after April 1, 2025), a successor can use Judicial Council form DE-305, Affidavit re Real Property of Small Value, a mandatory form revised January 1, 2026.

• Wait six months. The affidavit can be filed "No sooner than six months from the death of a decedent."
• Value. "The gross value of all real property in the decedent's estate located in California, as shown by the inventory and appraisal attached to this affidavit, excluding the real property described in Section 13050," must not exceed the limit for the date of death.
• Debts paid first. The affidavit states: "Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid."
• Notary. "For each person executing the affidavit, the affidavit shall contain a notary public's certificate of acknowledgment identifying the person."
• Attachments. A death certificate, a copy of the will if the successor claims under a will, and the probate referee's inventory and appraisal. A copy also goes to any guardian or conservator, as the statute requires.
• Filing. The affidavit is filed in the superior court "in the county in which the decedent was domiciled at the time of death," or, for a decedent who did not live in California, in the county where the property is located.

Once the clerk files the affidavit, it issues a certified copy, and that copy is recorded with the county recorder in the county where the property is located (Probate Code 13202). The court filing fee was not confirmed for this page; ask the probate clerk in that county.

When the property goes to a surviving spouse

Property that passes to a surviving spouse by will or by intestacy generally needs no administration. Probate Code 13500 says "the property passes to the survivor subject to the provisions of Chapter 2 (commencing with Section 13540) and Chapter 3 (commencing with Section 13550), and no administration is necessary."

To get a court order confirming that, the spouse can use Section 13650. "A surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file a petition" in the superior court "requesting an order that administration of all or part of the estate is not necessary for the reason that all or part of the estate is property passing to the surviving spouse." Section 13650 sets no dollar limit, and the order can cover real property. The Judicial Council form is DE-221, Spousal or Domestic Partner Property Petition, and a surviving registered domestic partner can use it too. The filing fee was not confirmed for this page; ask the probate clerk.

Final wages owed to a spouse who died

Under Probate Code 13600, "At any time after a spouse dies, the surviving spouse" may collect from the employer "salary or other compensation owed by an employer for personal services of the deceased spouse, including compensation for unused vacation." The limit is $20,875 net in total for a death on or after April 1, 2025, and $18,450 for a death from April 1, 2022 through March 31, 2025. There is no 40-day wait. The affidavit must state that no estate administration is being or has been conducted in California, the spouse must give the employer reasonable proof of identity, and for a death on or after April 1, 2022 the Judicial Council's list of adjusted amounts is attached. The dollar cap does not apply to the surviving spouse of a firefighter or peace officer described in Government Code 22820(a). The same amount is excluded when counting the estate for the small estate affidavit (Section 13050(c)).

Vehicles

For a California-titled vehicle or vessel, the DMV uses its own form, REG 5, Affidavit for Transfer Without Probate, which can be used once 40 days have passed since the death. Registered vehicles are excluded from the Section 13100 value count under Section 13050(b)(1).

REG 5 contains its own statement of the estate's gross value, and the DMV materials reviewed for this page do not yet show the April 2025 figure: the REG 5 revision reviewed lists the 2022 figure, and the DMV procedures manual shows an older one. If the estate's value is close to a limit, confirm with the DMV which figure it will accept before signing. REG 5 also asks the signer to state, under penalty of perjury, that the decedent's unsecured creditors have been paid or their claims discharged and that no probate is or has been conducted in California.

Unclaimed property

The research for this page could not open the State Controller's current claim rules for property belonging to someone who has died, so this page does not state them. Check the Controller's instructions directly before relying on a small estate affidavit for an unclaimed property claim. Our page on California unclaimed property explains how to search.

Liability: what you take on when you sign

Collecting property by affidavit makes the person who receives it accountable for it.

• Unsecured debts. "A transferee is personally liable, to the extent provided in this section for the unsecured debts of the decedent" (Probate Code 13109). The liability is limited to the fair market value of the property received, less liens, and claims already barred by time limits cannot be enforced against the transferee.
• People with a better right. A transferee is liable to anyone with a superior right by will or intestacy for the property's fair market value less liens, plus income from it, plus 7 percent interest if it was disposed of (Section 13110).
• A later personal representative. If an estate is opened, "the personal representative may request that the transferred property be restored to the estate" (Section 13111). The transferee must return the property or its fair market value plus 7 percent interest.
• Fraud. "A person who fraudulently secures the payment, delivery, or transfer of the decedent's property under this chapter is liable to the person having a superior right to that property by testate or intestate succession from the decedent for three times the fair market value of the property" (Section 13110(b); see also Section 13111(b)).
• Time limit. An action against a transferee under Section 13110 "is forever barred three years after the affidavit or declaration is presented under this chapter to the holder of the decedent's property, or three years after the discovery of the fraud, whichever is later."

The affidavit itself is signed under penalty of perjury.

When you need probate instead

The affidavit and the related shortcuts do not fit when the counted estate is over the limit for the date of death, when an estate administration is already under way without the personal representative's consent, or when real estate must be transferred and neither the primary residence petition, the small-value real property affidavit nor the spousal property route fits. In those cases the estate goes to the superior court. Our California probate guide explains that process, and our overview of how probate works covers the basics.

Related

• Small estate affidavit rules by state
• California probate
• California unclaimed property
• California property records
• Nevada small estate affidavit
• Oregon small estate affidavit

Disclaimer: This article provides general legal information about California's small estate affidavit and related procedures under Division 8 of the California Probate Code, verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the probate clerk or self-help center of the superior court in the county where the person lived, a legal aid office, or a lawyer licensed in California.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in California?

$208,850 for a death on or after April 1, 2025, measured as the gross value of the decedent's California real and personal property after the Probate Code 13050 exclusions. The limit was $184,500 for deaths from April 1, 2022 through March 31, 2025, and $166,250 before that.

How long after death can I use a small estate affidavit in California?

At least 40 days must have passed since the death, shown by a certified copy of the death certificate attached to the affidavit (Probate Code 13100 and 13101).

Does a California small estate affidavit need to be filed with the court?

No. The Section 13100 affidavit goes directly to the bank or other holder. The separate real property affidavit under Section 13200 (form DE-305) is filed with the superior court.

Can I transfer a house with a small estate affidavit in California?

Not with the Section 13100 affidavit. A primary residence worth up to $750,000 (deaths from April 1, 2025 through March 31, 2028) can pass by court petition under Section 13151, and real property worth up to $69,625 in total can pass by a court-filed affidavit under Section 13200 after six months.

Does the house count toward the California small estate limit?

California real property counts toward the $208,850 gross value unless it is excluded, for example property held in joint tenancy or a trust, property passing to a surviving spouse, or a primary residence that is the subject of a Section 13151 petition.

Is there an official California small estate affidavit form?

There is no Judicial Council form for the personal property affidavit; Probate Code 13101 sets its contents, and many banks have their own. For deaths on or after April 1, 2022, form DE-300 must be attached.

Do I need to notarize a California small estate affidavit?

Not legally for the Section 13100 affidavit, though the California Courts self-help page notes that many institutions ask for it. The Section 13200 real property affidavit must carry a notary's acknowledgment for each signer.

Can a surviving spouse collect a final paycheck in California without probate?

Yes. Under Probate Code 13600, the surviving spouse can collect up to $20,875 net in salary and unused vacation pay from the employer by affidavit, at any time after a death on or after April 1, 2025.

What happens if I sign a false small estate affidavit in California?

The affidavit is signed under penalty of perjury, and a person who fraudulently secures property is liable to the rightful heir for three times its fair market value (Probate Code 13110). Any transferee is also personally liable for the decedent's unsecured debts up to the value received (Section 13109).