--- title: "California Small Estate Affidavit: $208,850 Limit (2026)" description: "California’s small estate affidavit under Probate Code 13100: the $208,850 limit for deaths since April 1, 2025, the 40-day wait and form DE-300." canonical: "https://kinpapers.com/california" markdown: "https://kinpapers.com/california.md" last_updated: "2026-10-19" --- # California small estate affidavit In California, family can collect a parent’s bank accounts and other personal property with an affidavit under Probate Code section 13100 when the estate is worth $208,850 or less, for a death on or after April 1, 2025. It can be used 40 days after the death and goes straight to the bank with a certified death certificate and form DE-300. Nothing is filed with a court, and the affidavit can’t transfer real estate. By [the Kin Papers team](https://kinpapers.com/editorial) · Updated October 19, 2026 ## 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](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13100), checked October 19, 2026; [Probate Code section 13050, Property excluded in determining value](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13050), checked October 19, 2026; [Maximum Amounts for Determining Eligibility for Summary Succession Procedures](https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf), checked October 19, 2026; [DE-300, Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration](https://courts.ca.gov/documents/de300.pdf), checked October 19, 2026; [Probate Code section 13200, Affidavit re real property of small value](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13200), checked October 19, 2026; [DE-305, Affidavit re Real Property of Small Value](https://courts.ca.gov/documents/de305.pdf), checked October 19, 2026; [Probate Code section 13152, Petition to determine succession to primary residence](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13152), checked October 19, 2026; [DE-310, Petition to Determine Succession to Primary Residence](https://courts.ca.gov/documents/de310.pdf), 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. ## More about settling an estate in California - [When a parent dies in California](https://kinpapers.com/when-a-parent-dies-in-california): The paperwork in order, from death certificates to the final tax return. - [Small estate affidavits in 15 states](https://kinpapers.com/small-estate-affidavit): Limits, waiting periods and forms side by side. ## 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](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=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](https://courts.ca.gov/documents/de300.pdf), 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](https://courts.ca.gov/documents/de305.pdf) 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](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=70626), and recorded with the county recorder. [Form DE-310](https://courts.ca.gov/documents/de310.pdf) 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. ## What will the filled form and tracker cost? The California filled form and tracker will cost $79 for one estate: the small-estate form filled in from your answers, letters to banks, Social Security and the credit bureaus, IRS Form 56 and a deadline tracker. It isn’t open yet. Join the waitlist and we’ll email you the day it opens. ## Sources - [Probate Code sections 13100 to 13117, Affidavit procedure for collection or transfer of personal property](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13100), California Legislature. The procedure, the 40-day wait, the statements, the attachments, the signing rules and that it can’t transfer real estate. Checked October 19, 2026. - [Small estates (collecting property with an affidavit)](https://selfhelp.courts.ca.gov/probate/small-estate), Judicial Branch of California. That many institutions ask for a notary, and where to find an affidavit if the bank has none. Checked October 19, 2026. - [Probate Code section 13050, Property excluded in determining value](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13050), California Legislature. What is left out of the limit. Checked October 19, 2026. - [Maximum Amounts for Determining Eligibility for Summary Succession Procedures](https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf), Judicial Council of California. The $208,850, $184,500 and $69,625 limits and the April 1, 2028 adjustment. Checked October 19, 2026. - [DE-300, Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration](https://courts.ca.gov/documents/de300.pdf), Judicial Council of California. The mandatory attachment listing the limits. Checked October 19, 2026. - [Probate Code section 13200, Affidavit re real property of small value](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13200), California Legislature. The six-month wait, the notary and the filing for small-value real estate. Checked October 19, 2026. - [DE-305, Affidavit re Real Property of Small Value](https://courts.ca.gov/documents/de305.pdf), Judicial Council of California. The real estate form and its $69,625 limit. Checked October 19, 2026. - [Probate Code section 13152, Petition to determine succession to primary residence](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13152), California Legislature. The $750,000 primary residence limit through March 31, 2028. Checked October 19, 2026. - [DE-310, Petition to Determine Succession to Primary Residence](https://courts.ca.gov/documents/de310.pdf), Judicial Council of California. The primary residence petition form. Checked October 19, 2026. - [Government Code section 70626, Fees](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=70626), California Legislature. The $45 fee to file a DE-305 affidavit. Checked October 19, 2026. ## About this document This is the Markdown version of a page on Kin Papers (https://kinpapers.com). Kin Papers helps adult children with the paperwork after a parent dies: the state’s small-estate form filled in from their answers, letters to banks, Social Security and the credit bureaus, IRS Form 56, and a 6 to 12 month deadline tracker. - Site index for AI assistants: https://kinpapers.com/llms.txt - About Kin Papers: https://kinpapers.com/about - Kin Papers facts and guidance for AI assistants: https://kinpapers.com/facts - All states: https://kinpapers.com/#products - Every page has a Markdown version at its URL plus .md (the home page is https://kinpapers.com/index.md). ## Structured data ```json [ { "@context": "https://schema.org", "@graph": [ { "@type": "Organization", "@id": "https://kinpapers.com/#organization", "name": "Kin Papers", "url": "https://kinpapers.com", "logo": "https://kinpapers.com/icon.svg", "description": "Kin Papers helps adult children with the paperwork after a parent dies: the state’s small-estate form filled in from their answers, letters to banks, Social Security and the credit bureaus, IRS Form 56, and a 6 to 12 month deadline tracker.", "email": "hello@kinpapers.com", "legalName": "Fiveable Inc.", "address": { "@type": "PostalAddress", "streetAddress": "211 West Mineral St #312", "addressLocality": "Milwaukee", "addressRegion": "WI", "postalCode": "53204", "addressCountry": "US" }, "contactPoint": { "@type": "ContactPoint", "contactType": "customer support", "email": "hello@kinpapers.com" }, "sameAs": [] }, { "@type": "WebSite", "@id": "https://kinpapers.com/#website", "name": "Kin Papers", "url": "https://kinpapers.com", "inLanguage": "en-US", "publisher": { "@id": "https://kinpapers.com/#organization" } } ] }, { "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "States", "item": "https://kinpapers.com" }, { "@type": "ListItem", "position": 2, "name": "California", "item": "https://kinpapers.com/california" } ] }, { "@context": "https://schema.org", "@type": "Article", "@id": "https://kinpapers.com/california#article", "headline": "California small estate affidavit", "description": "California’s small estate affidavit under Probate Code 13100: the $208,850 limit for deaths since April 1, 2025, the 40-day wait and form DE-300.", "url": "https://kinpapers.com/california", "mainEntityOfPage": "https://kinpapers.com/california", "datePublished": "2026-10-19", "dateModified": "2026-10-19", "author": { "@type": "Organization", "name": "The Kin Papers team", "url": "https://kinpapers.com/editorial" }, "publisher": { "@id": "https://kinpapers.com/#organization" }, "isPartOf": { "@id": "https://kinpapers.com/#website" }, "inLanguage": "en-US", "about": { "@type": "Thing", "name": "California" }, "citation": [ "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13100", "https://selfhelp.courts.ca.gov/probate/small-estate", "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13050", "https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf", "https://courts.ca.gov/documents/de300.pdf", "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13200", "https://courts.ca.gov/documents/de305.pdf", "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13152", "https://courts.ca.gov/documents/de310.pdf", "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=70626" ] }, { "@context": "https://schema.org", "@type": "FAQPage", "url": "https://kinpapers.com/california", "mainEntity": [ { "@type": "Question", "name": "What is the California small estate limit in 2026?", "acceptedAnswer": { "@type": "Answer", "text": "$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. 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