Not every California estate has to go through full probate. When the assets are modest enough, the law provides streamlined procedures — chiefly the small-estate affidavit — that let heirs collect property without a court case. This guide explains how California's small-estate procedures work and when they apply.
This is general information about California law, not legal advice. Consult a California-licensed attorney about your situation.
The small-estate affidavit for personal property
Under Prob. Code § 13100, if the total value of a deceased person's California estate (counting only assets that would otherwise require probate) does not exceed the statutory limit — $239,700 for deaths on or after April 1, 2026 — a successor can collect personal property such as bank accounts, stocks, and tangible items by presenting a signed affidavit (sometimes called a "Declaration for Collection of Personal Property") to whoever holds the asset. No court proceeding is required. The threshold adjusts periodically for inflation, so the figure depends on the date of death.
How the value is counted
The limit looks only at assets that would otherwise go through probate. You do not count property held in a living trust, assets passing by beneficiary designation (retirement accounts, life insurance), payable-on-death or transfer-on-death accounts, joint-tenancy property, or amounts that pass to a surviving spouse. As a result, many estates that look large on paper still qualify, because the home is in a trust or the accounts have named beneficiaries, leaving only a modest pool of probate assets. The threshold has stepped up over time with inflation, so always use the figure tied to the decedent's date of death rather than an older number you may have seen.
A concrete example
Suppose someone dies leaving a $180,000 brokerage account in their own name, a $40,000 bank account in their own name, a car worth $15,000, a $700,000 home held in a funded living trust, a life-insurance policy naming their children as beneficiaries, and a 401(k) naming a spouse. Only the brokerage account, the bank account, and the car — $235,000 in all — count toward the small-estate limit, because the home, the life insurance, and the retirement account all pass outside probate by their own terms. Since $235,000 is under the $239,700 limit, the successors can collect the brokerage account, the bank account, and (using the DMV's transfer process) the car by affidavit, with no court case at all — even though the total wealth involved is close to a million dollars. Flip one fact — the home is in the decedent's own name instead of a trust — and that same estate is forced into full probate.
The 40-day wait and what to include
You generally must wait at least 40 days after the death before using the affidavit. The affidavit states that the estate's value is within the limit, that 40 days have passed, that no probate is pending or has been granted (or that the personal representative consents), and that the person signing is entitled to the property. A certified copy of the death certificate is attached. The institution holding the asset (a bank, for example) then releases it to the successor.
Step by step: using the § 13100 affidavit
- Wait 40 days after the date of death.
- Confirm the estate qualifies — total probate assets at or under the current limit, and no formal probate pending (unless the representative consents).
- Order certified copies of the death certificate from the county vital records office.
- Identify each asset and its holder — bank, brokerage, transfer agent, or whoever controls the property.
- Prepare the affidavit describing the property, stating the estate's value is within the limit and 40 days have passed, and identifying who is entitled to the asset under the will or by intestate succession.
- Sign under penalty of perjury (some institutions require notarization).
- Present the affidavit and a certified death certificate to the holder, which then releases the asset to the successor.
Who counts as a "successor of the decedent"
Only a proper successor may sign the affidavit. If the decedent left a will, the successor is the beneficiary entitled to the particular asset under the will. If there was no will, the successor is whoever inherits under California's intestate-succession rules (Prob. Code § 6400 et seq.) — typically the surviving spouse or registered domestic partner and the children, by formula. When several people are entitled to the same asset, they may all need to sign, or one may collect on behalf of the others. Getting this right matters because the affidavit certifies, under penalty of perjury, that the signer is entitled to the property; a stranger to the inheritance cannot simply collect the account.
Real property of small value
For real estate, California provides a separate procedure. Under Prob. Code § 13200, an affidavit for real property of small value can transfer real estate whose gross value does not exceed a lower statutory limit; the affidavit is filed with the Superior Court after a 6-month wait and requires an inventory and appraisal by a probate referee. For real property worth more than that but where the whole estate is still within the small-estate limit, a streamlined court petition to determine succession to real property (Prob. Code § 13150) is available — faster and cheaper than full probate but still involving the court. The real-property limits are lower than the personal-property limit and also adjust for inflation, so confirm the current figure for the date of death.
Why most homes don't qualify
The catch with California real estate is value. Because the median home in much of the state is worth several hundred thousand dollars or more, a solely owned home almost always exceeds both the § 13200 small-value real-property limit and, by itself, the overall small-estate threshold. That single fact — a house held in the decedent's own name — is the most common reason an otherwise simple estate is pushed into a full, year-plus probate. It is precisely why estate planners urge homeowners to title the residence in a revocable living trust (or, in a narrower case, to record a transfer-on-death deed). When the home passes by trust or TOD deed, it never counts toward the small-estate limit, and the remaining accounts and personal property can often be collected by the simple § 13100 affidavit.
Transfers to a surviving spouse
A surviving spouse or registered domestic partner has an additional option: the spousal property petition (Prob. Code § 13500), which confirms or transfers community property and certain separate property to the survivor without full probate, regardless of the estate's total value. This is a common, efficient route when most property is passing to a spouse. It is filed with the Superior Court but is far simpler and quicker than a full probate, and it can be used even when the estate is well above the small-estate limit.
Other simplified routes
- Final paycheck. A surviving spouse can collect a limited amount of a decedent's unpaid salary or other compensation by affidavit (Prob. Code § 13600 et seq.).
- Vehicles and small accounts. The Department of Motor Vehicles and many financial institutions have their own affidavit forms that piggyback on the § 13100 procedure for transferring titled vehicles and modest accounts.
Gathering what you need before you start
A small-estate collection goes smoothly when the paperwork is in order before you approach the bank or broker. Plan to assemble several certified copies of the death certificate (institutions usually keep one and will not accept a photocopy), a clear list of the qualifying assets with account numbers and approximate values, and proof of your own identity and your relationship to the decedent — for instance, the will naming you, or documents showing the family relationship if there is no will. If a vehicle is involved, the Department of Motor Vehicles has its own affidavit form and will want the title or registration. Having the original will, if any, also helps the institution confirm that you are the right successor. A little preparation here prevents the most common delay, which is being sent away to gather a missing document and having to return.
What these procedures can't do
Small-estate procedures only work when the qualifying assets stay under the limit and when the property is not already handled another way (such as by a trust, beneficiary designation, or joint tenancy). They do not resolve disputes among heirs, and using a false affidavit carries liability. If the estate is over the limit — most often because it includes a home owned outright — full probate is generally required, which is why a living trust is so valuable.
Liability for getting it wrong
An affidavit under § 13100 is signed under penalty of perjury. Someone who uses it to collect property they are not entitled to — or who understates the estate's value to squeak under the limit — can be held liable to the rightful heirs and creditors, and may have to return the property plus costs. When the facts are uncertain (unclear heirs, possible disputes, an estate near the limit, or significant debts), it is safer to get advice before signing.
Debts still have to be paid
Collecting an asset by affidavit does not erase the decedent's debts. A person who receives property under the § 13100 procedure remains personally liable to the decedent's unsecured creditors, up to the fair market value of what they received (less any liens). In other words, if you collect a $30,000 account by affidavit and the decedent owed $10,000 on a valid debt, a creditor can pursue you for that $10,000. The small-estate route is a shortcut around the court process, not a way to walk away from legitimate claims, so it is wise to account for known debts before distributing anything among the heirs.
Frequently asked questions
What is the small-estate limit in California?
For deaths on or after April 1, 2026, the personal-property small-estate limit is $239,700. The figure adjusts periodically, so it depends on the date of death.
How long do I have to wait to use a small-estate affidavit?
At least 40 days after the death (Prob. Code § 13100), and no probate may be pending without the representative's consent.
Can a small-estate affidavit transfer a house?
Only low-value real property qualifies for the affidavit procedure (Prob. Code § 13200). Higher-value real property within the overall limit can use a streamlined succession petition (§ 13150), but a solely owned home usually pushes an estate into full probate.
What if most property is going to my spouse?
A surviving spouse can use a spousal property petition (Prob. Code § 13500) to transfer community and certain separate property without full probate, regardless of value.
What counts toward the small-estate limit?
Only assets that would otherwise go through probate. Trust assets, beneficiary-designation accounts (retirement and life insurance), POD/TOD accounts, joint-tenancy property, and property passing to a spouse do not count, so many estates qualify even when they seem large.
Do I need a lawyer to use a small-estate affidavit?
Often not for a simple estate with clear heirs and a cooperative bank. But because the affidavit is signed under penalty of perjury, it is wise to get advice when heirs are unclear, the estate is near the limit, there are debts, or a dispute is possible.
Does the affidavit have to be notarized?
The statute requires the affidavit to be signed under penalty of perjury, and notarization is not strictly required by § 13100 itself. In practice, however, many banks and brokerages insist on a notarized signature before releasing funds, so it is sensible to have the affidavit notarized to avoid a second trip.
What if an institution refuses to honor the affidavit?
A holder that refuses to transfer the property without reasonable cause can be compelled to do so, and may be liable for the successor's attorney's fees in an action to force the transfer (Prob. Code § 13105). If a bank balks, pointing to the statute — or having a short letter from an attorney — usually resolves it; if it does not, a court action is available.
Can I use the affidavit if a formal probate has already started?
Generally no, unless the appointed personal representative gives written consent. The § 13100 affidavit is meant for estates that have not been opened in probate. If a probate is already pending, the orderly path is to collect and distribute the asset through that proceeding rather than alongside it, so the court and the representative can account for everything together. Once a representative has been appointed, that person — not an individual successor — ordinarily has authority over estate assets.
What if the estate turns out to be over the limit after I sign?
If later-discovered assets push the qualifying total above the threshold, the affidavit no longer fits and a court procedure (a succession petition or full probate) may be required. This is one reason to inventory carefully before signing: an honest mistake can usually be corrected by opening the proper proceeding, but knowingly understating the estate to stay under the limit exposes the signer to liability to heirs and creditors.
How much does the small-estate affidavit procedure cost?
The § 13100 affidavit itself involves no court filing, so the out-of-pocket cost is usually just certified death certificates and, if an institution requires it, a notary fee — typically a small fraction of what full probate would cost. The court-based options (the § 13200 real-property affidavit and the § 13150 succession petition) do carry court filing fees and a probate referee's appraisal, but they remain far cheaper and faster than a full probate with its statutory attorney and representative fees.
When to talk to a California estate attorney
The small-estate procedures are designed to be usable without a lawyer, but a short consultation can save real trouble. Talk to a California-licensed attorney if the estate is close to the limit, if real estate is involved, if the heirs are unclear or in conflict, if there are significant debts or creditor claims, or if an institution refuses to honor the affidavit. An attorney can also confirm whether the estate qualifies at all or whether a spousal property petition or full probate is the better path.
Talk to a California estate attorney
For the complete picture, see our complete estate planning guide and the probate process guide. To find a California-licensed attorney, browse the directory of attorneys licensed by the State Bar of California, across all 58 counties, by practice area and county — free, no obligation.