What a small estate affidavit is in California
California lets the successor of a decedent collect personal property with a sworn affidavit instead of opening a probate case. The procedure is in Probate Code sections 13100 to 13116. You deliver the affidavit to the holder of the property, such as a bank. You generally do not file it with the Superior Court. There is no statewide judicial filing fee because the document is not a court filing.
There is no single mandatory statewide form for personal property. The affidavit must include the statements in section 13101. Attach Judicial Council form DE-300 so the holder can see the dollar limits in effect on the date of death. County sites that mention form DE-160 are describing a different probate inventory form. Do not treat DE-160 as the small estate affidavit.
Who qualifies
The cap is the gross value of the decedent's real and personal property in California, excluding property described in section 13050 and property in a petition under section 13151. For a death on or after April 1, 2025 the cap is $208,850. For a death from April 1, 2022 through March 31, 2025 the cap is $184,500. For a death before April 1, 2022 the cap is $166,250. At least 40 days must have passed. The successor may use the affidavit without letters of administration and without waiting for probate of a will.
Typical successors are a spouse, adult child, parent, sibling, grandchild, or other heir entitled to the property. If more than one person is entitled, they should join or the affidavit should explain why one successor may collect. Do not use this affidavit if a probate case is already pending unless the personal representative consents in writing.
What assets count and what assets do not count
Count California property that would otherwise need probate: individual bank accounts, brokerage accounts, and tangible personal property. Section 13050 excludes several items from the valuation, including property that passes by survivorship, trust property, and vehicles of limited value as the statute describes. Life insurance payable to a named beneficiary is not in the small estate pile. Salary owed to the decedent has its own smaller cap under other sections.
What real estate rules apply in California
Section 13100 is a personal property collection tool. It is not the deed procedure. Real property uses other summary paths. An affidavit for real property of small value is section 13200, with a much lower cap ($69,625 for deaths on or after April 1, 2025). A petition to succeed to a primary residence is sections 13151 to 13154, with a $750,000 cap for the primary home after the 2025 legislation. If the estate includes a house, get advice before you swear that the 13100 cap is met.
Step by step filing process
- Confirm the date of death so you use the correct dollar column on form DE-300.
- Wait 40 days.
- Prepare an affidavit that tracks section 13101. Attach a certified death certificate and form DE-300.
- Have each successor sign under penalty of perjury. A notary is commonly required by the holder even though the statute allows a declaration.
- Present the packet to each bank, broker, or holder. Keep copies.
- If a holder refuses, section 13105 describes a court petition to compel transfer. That is a separate case.
Common mistakes that cause rejection
Using the $166,250 figure for a 2025 or 2026 death. Forgetting the 40 day wait. Failing to attach DE-300. Including trust or joint tenancy property in the cap. Trying to move a house with a 13100 affidavit. Presenting the papers while a probate is already open. Leaving off a successor. Banks also reject affidavits that do not name the exact account.
How long the process takes
The 40 day wait is mandatory. After that, timing belongs to the holder. Credit unions and large banks often have an estate desk that processes affidavits in one to three weeks if the packet is complete. There is no clerk's queue because you are not opening a probate file.
Ask each holder what it wants besides the affidavit. Many banks ask for a certified death certificate, a copy of the account statement, and government identification for every successor who signs. Brokerage firms may send the file to a central estate desk. If two successors must sign, wait until both have signed before you mail the packet. A missing signature is the most common reason a complete looking affidavit sits for weeks.
What happens if the estate is too large to qualify
If the California property exceeds the cap for the date of death, you cannot use this affidavit. Options include a full probate, a spousal property petition, or a trust administration if a living trust was funded. Those are not this product. The eligibility check on this site will stop you rather than sell a packet a bank will refuse.
If the person left a funded living trust, the successor trustee uses trust papers, not this affidavit. If a spouse is entitled to community property, a spousal property petition can be the better court path even when the numbers look small. If a house is the main asset, read sections 13200 and 13151 before you swear that the personal property affidavit is enough. Wrong paper wastes the 40 day wait.
Keep a copy of every page you hand to a bank. If a holder asks for letters, point to Probate Code section 13100 and the attached DE-300. Some holders still refuse. Section 13105 is the court path to compel transfer. That petition is outside this packet.