What are California’s small estate affidavit rules?
Probate Code sections 13100 to 13117 let a parent’s successors collect personal property by affidavit when the gross value of real and personal property in California, leaving out joint tenancy, trust and payable-on-death assets, vehicles and some others, is within the limit. The Judicial Council adjusts the limit every three years: $208,850 for deaths since April 1, 2025, until the next adjustment on April 1, 2028.
Sources: Probate Code sections 13100 to 13117, Affidavit procedure for collection or transfer of personal property, checked October 19, 2026; Probate Code section 13050, Property excluded in determining value, checked October 19, 2026; Maximum Amounts for Determining Eligibility for Summary Succession Procedures, checked October 19, 2026; DE-300, Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration, checked October 19, 2026; Probate Code section 13200, Affidavit re real property of small value, checked October 19, 2026; DE-305, Affidavit re Real Property of Small Value, checked October 19, 2026; Probate Code section 13152, Petition to determine succession to primary residence, checked October 19, 2026; DE-310, Petition to Determine Succession to Primary Residence, checked October 19, 2026.| Rule | California |
|---|---|
| Dollar limit | $208,850 for deaths on or after April 1, 2025 ($184,500 for April 2022 to March 2025) |
| Waiting period | 40 days after the death |
| Where it goes | Straight to the bank or other holder, with a certified death certificate and form DE-300. Not filed with a court |
| Official form | No Judicial Council form for the affidavit itself. Form DE-300, the list of limits, must be attached |
| Signing | Every successor signs, sworn or under penalty of perjury. A notary isn’t required by law. No witnesses |
| Real estate | Not by this affidavit. Form DE-305 covers real estate up to $69,625; form DE-310 a primary residence up to $750,000 |
What will Kin Papers fill in for California?
Kin Papers is building a California file that fills in the section 13100 affidavit and attaches DE-300 from your answers, writes the letters banks, Social Security and the credit bureaus ask for, prepares IRS Form 56, and keeps a dated tracker of the 40-day wait and the deadlines after it. It won’t file anything for you or give legal advice.
Join the California waitlist
We’re building California’s small-estate form filled in from your answers, with the letters, IRS Form 56 and a deadline tracker. Join the waitlist and we’ll email you the day it opens.
Who signs a California small estate affidavit?
The successors sign: the people who receive the property under the will, or the heirs under California’s inheritance rules when there’s no will. When more than one person is entitled, they all sign. Under Probate Code section 13101, it can be a sworn affidavit or a declaration under penalty of perjury.
What goes with the affidavit?
- A certified copy of the death certificate.
- Form DE-300, the Judicial Council’s list of limits, for deaths on or after April 1, 2022.
- If the estate includes any California real estate, an inventory and appraisal by a probate referee, even though the affidavit doesn’t transfer it.
- Proof of ownership if there is one, such as a stock certificate. Without it, the holder can ask for a bond.
The affidavit also states, among other things, that 40 days have passed, that no probate case is under way, and that no one else has a better right to the property.
Where do you get the form?
The Judicial Council doesn’t publish a form for the section 13100 affidavit itself. The court’s self-help guide suggests asking the bank whether it has its own, or using a sample from a court self-help center or law library. Form DE-300 is the one Judicial Council form that must be attached.
What if the estate includes real estate?
The section 13100 affidavit can’t transfer it, but California has two other routes. Form DE-305 transfers real estate worth up to $69,625 for deaths since April 1, 2025: it’s signed before a notary at least six months after the death, filed with the superior court for $45 under Government Code section 70626, and recorded with the county recorder. Form DE-310 asks the court to pass a primary residence worth up to $750,000, with a hearing and a judge’s order.
What if the bank refuses?
Under section 13105, the successor can ask the court to order the holder to pay, and the court awards attorney’s fees if the refusal was unreasonable. A lawyer can advise on your situation.
Is Kin Papers a law firm?
No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what California’s Probate Code and Judicial Council forms say, with links to each. It doesn’t say whether the affidavit fits your parent’s estate.
Common questions about small estates in California
What is the California small estate limit in 2026?
$208,850 for a death on or after April 1, 2025, from the Judicial Council’s chart of adjusted amounts under Probate Code section 890. The limit in effect on the date of death applies: $184,500 for deaths from April 1, 2022 to March 31, 2025. The next adjustment is April 1, 2028.
How long do you have to wait in California?
40 days after the death, under Probate Code section 13100. No probate case for the estate can be under way in California unless the personal representative consents in writing.
Does a California small estate affidavit need a notary?
Not by law. Section 13101 accepts an affidavit or a declaration under penalty of perjury. If it isn’t notarized, the bank checks the signer’s ID under section 13104. The court’s self-help guide notes that many institutions ask for a notary anyway.
Can a house pass by small estate affidavit in California?
Not by the section 13100 affidavit. Real estate worth up to $69,625 can pass with form DE-305 six months after the death, filed with the superior court for $45 and then recorded. A primary residence worth up to $750,000 can pass by petition on form DE-310, which a judge decides.
Do jointly owned accounts count toward the limit?
No. Probate Code section 13050 leaves out joint tenancy property, accounts that pass to a surviving owner or payable-on-death beneficiary, revocable trust property, registered vehicles and some others.