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Small estate affidavit in California (2026)

In California, heirs can collect up to $208,850 without probate with a sworn affidavit (Affidavit or declaration for collection of personal property (Probate Code 13100-13116)). You must wait 40 days after the death. Real estate: separate procedure (up to $69,625). Last checked .

California at a glance

Affidavit cap
$208,850
Applies to
deaths on or after 2025-04-01
Value counted
Gross value (debts not subtracted)
Waiting period
40 days
If there is a will
Can still be used
File with a court
No
Real estate
Separate procedure (up to $69,625)
Court shortcut
Petition to determine succession to real property - primary residence (Prob. Code 13150-13157) (up to $750,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    California cap for this date of death

    $208,850

    A worked example for California

    Say a parent who lived in California died on March 1, 2026, leaving $167,000 in a bank account in their name only and no house. $167,000 is within the $208,850 cap for that date of death, so the family can use the affidavit from April 10, 2026. Had the death been in an earlier period, the cap would have been $184,500.

    The rules in California

    • The affidavit. The successor gives a signed affidavit or declaration, with a certified death certificate attached, to the holder of each item (bank, transfer agent, etc.). The holder must pay or transfer. It is not filed with the court.
    • Cap. The gross value of California property, after the listed exclusions, cannot exceed $208,850 for deaths on or after April 1, 2025.
    • What counts. The gross value of all the decedent's real and personal property in California. If the estate includes California real property, a probate referee's inventory and appraisal of it must be attached.
    • What doesn't count. Joint tenancy property; life estates and other interests ending at death; property in a revocable trust; property passing to the surviving spouse under Prob. Code 13500; multiple-party and POD accounts payable to a survivor; registered vehicles, vessels, manufactured homes and mobilehomes; amounts due for armed forces service; up to $20,875 of unpaid salary (deaths on or after 2025-04-01); property included in a 13151 petition.
    • Earlier caps. $184,500: deaths 2022-04-01 to 2025-03-31; $166,250: deaths before 2022-04-01
    • Change already enacted. The Judicial Council next adjusts the amount for inflation on 2028-04-01 (Prob. Code 890). The new amount is not yet published.
    • Waiting period. At least 40 days must have passed since the death, shown by an attached certified death certificate.
    • Conditions. No administration proceeding can be pending or have been conducted in California, unless the personal representative consents in writing. For deaths on or after 2022-04-01, attach the Judicial Council's list of adjusted dollar amounts in effect on the date of death. Holders may require reasonable proof of identity, and may ask for a bond if ownership papers are missing.
    • Who can sign. The decedent's successor (the beneficiary under the will, or the heir if there is no will), or a person authorized to act for the successor, such as a guardian, conservator or attorney-in-fact.
    • Court filing. The personal property affidavit is not filed with the court. Exceptions: if the item is a debt secured by recorded real property, the affidavit must be recorded with the county recorder; if the property is in a pending lawsuit, the affidavit is filed in that case.

    Houses, land and vehicles

    • Real estate. Affidavit re real property of small value (form DE-305). No sooner than 6 months after death, file it with the superior court in the county of domicile, with a notarized signature, a probate referee's inventory and appraisal, and a certified death certificate. California real property (after exclusions) cannot exceed $69,625 for deaths on or after 2025-04-01. Funeral, last-illness expenses and all unsecured debts must be paid. The court's certified copy is then recorded with the county recorder.
    • Vehicles. Vehicles are excluded from the affidavit cap. DMV transfers a California-titled vehicle or vessel on its REG 5 Affidavit for Transfer Without Probate once 40 days have passed since death, if no probate is needed or pending, unsecured creditors are paid, and the decedent's other California property (excluding 13050 property) is within the small-estate cap. REG 5 (rev. 12/2024) still prints $184,500 for deaths on or after 2022-04-01, and DMV's procedures manual section is still titled for estates of $150,000 or less.

    When the affidavit isn't enough

    For deaths on or after 2025-04-01 (AB 2016), a successor can ask the superior court for an order transferring the decedent's California primary residence worth up to $750,000 gross, once 40 days have passed since death. Notice must go to the heirs and devisees within 5 business days of filing. A spousal or domestic-partner property petition (Prob. Code 13650) is a separate route with no cap.

    Good to know in California

    • A person who receives property by affidavit is personally liable for the decedent's unsecured debts, including funeral and last-illness costs, up to the net value received (Prob. Code 13109). If an estate is opened later, they must share in paying the debts (13109.5).
    • The dollar caps depend on the date of death. Use the Judicial Council's 890 list in effect on that date.
    • The $750,000 primary-residence petition cap was set by AB 2016 and is 'adjusted periodically in accordance with Section 890' (Prob. Code 13151), so it can change at the next Judicial Council adjustment. Before 2025-04-01 that procedure used $166,250 / $184,500 and was not limited to a primary residence.
    • Some official pages lag the current figures: the court self-help small-estate page still gives $184,500 / $166,250, and DMV's REG 5 and procedures manual print older caps. Use the Judicial Council 890 list for the date of death.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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