California Small Estate Affidavit by County — Avoid Probate for Smaller Estates

What is a small estate affidavit in California?

California's small estate affidavit procedure is one of the most powerful tools available to heirs who want to avoid probate entirely. Under Probate Code Sections 13100 through 13116, a person entitled to inherit a decedent's personal property can collect that property by presenting a sworn affidavit (also called a declaration under penalty of perjury) directly to the entity holding the asset — such as a bank, brokerage firm, employer, or the DMV.

This means that for qualifying estates, heirs never need to file a petition with the court, appear at a hearing, or pay court filing fees. The affidavit itself serves as the legal authority to release the property. For a broader overview of how this procedure works across all 50 states, see our general small estate affidavit guide.

Current threshold: $208,850 (effective April 1, 2025)

As of April 1, 2025, the small estate affidavit threshold in California is $208,850. This figure is adjusted periodically for inflation under Probate Code Section 890 and applies to the gross fair market value of the decedent's entire estate in California — not just the property being claimed by any single heir.

When calculating whether the estate falls below this threshold, you exclude the following:

Real property. The value of any real estate owned by the decedent is not counted toward the $208,850 limit. Real property has its own separate simplified procedure (see below).

Vehicles and boats that can be transferred through the DMV's own affidavit process are also excluded from the calculation.

Joint tenancy and trust property. Assets held in joint tenancy with right of survivorship, payable-on-death accounts, transfer-on-death accounts, and property in a revocable living trust pass outside probate and are not counted.

For a comparison of how California's threshold stacks up against other states, visit our small estate thresholds by state guide.

The 40-day waiting period

California law requires that at least 40 days must pass after the decedent's death before a small estate affidavit can be used. This waiting period serves as a safeguard to ensure the estate is not prematurely distributed and to give other potential claimants time to come forward.

The 40 days are counted from the date of death — not from the date the affidavit is prepared. You can prepare the affidavit before the 40 days have elapsed, but you cannot present it to a bank or other institution until the waiting period has passed. If you present the affidavit too early, the institution is legally required to refuse it.

What property qualifies: personal property only

The small estate affidavit under Probate Code Sections 13100–13116 applies exclusively to personal property — not real property. Qualifying assets typically include:

How to use the small estate affidavit step by step

The process for using a California small estate affidavit is straightforward, though attention to detail is essential:

Step 1: Confirm eligibility. Verify that the total gross value of the decedent's California estate (excluding real property, joint tenancy assets, trust assets, and DMV-transferable vehicles) does not exceed $208,850. Confirm that at least 40 days have passed since the date of death. Confirm that no probate proceeding has been filed or is pending for the estate.

Step 2: Prepare the affidavit. There is no standard Judicial Council form for the small estate affidavit. Instead, you prepare a declaration under penalty of perjury that includes all the information required by Probate Code Section 13101: the decedent's name, date and place of death, a description of the property being claimed, your relationship to the decedent and your entitlement to the property, and statements that the estate qualifies under the threshold, that 40 days have passed, and that no probate petition has been filed. Some counties and legal aid organizations provide template forms, but the law does not require a specific format.

Step 3: Obtain a certified death certificate. You will need at least one certified copy of the death certificate to present along with the affidavit. Most institutions require an original certified copy — not a photocopy. Certified copies are available from the county vital records office or the California Department of Public Health, typically for $21 to $35 per copy.

Step 4: Present the affidavit. After the 40-day waiting period, bring the affidavit and certified death certificate to the entity holding the property. For bank accounts, visit the branch in person. For brokerage accounts, contact the firm's estate services department. For vehicles, visit the DMV with the appropriate REG 5 form. Under Probate Code Section 13105, the holder of the property is required to release it upon receiving a properly completed affidavit and death certificate.

Step 5: Distribute property. If you collected the property on behalf of other heirs or beneficiaries, you are legally obligated to distribute each person's share. The affidavit signer assumes personal liability for any debts of the decedent up to the value of the property received.

Simplified petition for real property (up to $750,000)

Real property — including homes, land, and commercial real estate — cannot be transferred using the small estate affidavit. However, California provides a separate simplified procedure for real property under Probate Code Sections 13150 through 13158.

Effective April 1, 2025, heirs can use a petition to the court (not just an affidavit) to transfer real property worth up to $750,000 without full probate. This simplified petition requires a court filing and hearing, but it is substantially faster, cheaper, and simpler than a full probate administration.

Key differences between the small estate affidavit and the simplified real property petition:

For many California families, these two procedures combined can transfer both the personal property and the family home without a full probate proceeding — saving thousands of dollars in probate fees and many months of waiting.

County-specific considerations

While the small estate affidavit is governed by state law and applies uniformly across all 58 California counties, practical differences exist at the county level that can affect your experience:

Bank and institution policies. Some banks and financial institutions are more familiar with the small estate affidavit process than others. Larger national banks generally have established estate services departments that handle these requests routinely. Smaller community banks or credit unions may be less familiar with the procedure and may initially request additional documentation or refer you to their legal department. Having a clearly prepared affidavit with all required elements makes the process smoother.

County recorder's office. If you are using the simplified petition for real property, the county recorder's office where the property is located will record the court order transferring title. Recording fees and procedures vary slightly by county. In counties like Los Angeles and San Francisco, the recorder's office handles high volumes and may have longer processing times.

Court processing for simplified petitions. For the real property simplified petition, hearing timelines depend on the county's probate court calendar. Counties with faster probate timelines — such as Orange County and San Diego County — tend to schedule these hearings more quickly than high-volume courts like Los Angeles. Review your county's probate local rules for scheduling expectations.

Legal aid templates. Several counties and local bar associations provide free small estate affidavit templates or self-help packets. Contact your county's superior court self-help center or visit the California Courts website for available resources.

When the small estate affidavit does NOT work

The small estate affidavit is a powerful tool, but it has clear limitations. Full probate is required in any of the following situations:

Estate exceeds the threshold. If the decedent's personal property in California exceeds $208,850 in gross value (after the applicable exclusions), the small estate affidavit cannot be used. The estate must go through formal or summary probate instead.

Real property exceeds $750,000. If the decedent's real property is worth more than $750,000 and does not pass through a trust, joint tenancy, or other non-probate transfer, full probate is required to transfer the property.

Disputes among heirs. If there is any disagreement about who is entitled to the property, which will controls, or how assets should be distributed, the small estate affidavit is not appropriate. These disputes require court resolution through the probate process.

Outstanding debts exceed estate value. While the affidavit signer assumes liability for the decedent's debts up to the value received, if the estate has significant creditor claims, a formal probate proceeding with its creditor notification process may be necessary to properly resolve those claims.

Probate has already been filed. If anyone has already filed a petition for probate of the estate, the small estate affidavit cannot be used. The estate must proceed through the pending probate case.

When full probate is required despite small estate eligibility

Even when the estate technically falls below the threshold, there are situations where full probate may still be the better or only option:

If an institution refuses to honor the affidavit — which occasionally happens, particularly with out-of-state banks or institutions unfamiliar with California law — the heir's only recourse may be to open a formal probate proceeding to obtain Letters Testamentary or Letters of Administration.

If the estate includes complex assets like business interests, intellectual property, or assets subject to liens, formal probate may provide clearer legal authority and better protection for the successor.

If there are potential creditor claims that the heir wants to cut off definitively, the formal probate creditor notice process provides a statutory deadline that the small estate affidavit does not.

For estates above the threshold: an inheritance advance can help

If the estate exceeds $208,850 in personal property or includes real property above $750,000, full probate is likely required — and that means waiting 9 to 24 months or longer depending on the county. During that time, heirs often face financial pressure from funeral costs, mortgage payments, and everyday expenses.

An inheritance advance from First Heritage Funding provides cash in as little as 48 hours while probate is pending. There are no credit checks, no monthly payments, and no personal liability. The advance is repaid only from your share of the estate when probate closes — it is not a loan.

Whether your estate is in Los Angeles County, Sacramento County, or any of California's 58 counties, we can help.

Get a free, confidential quote or call (800) 617-7260 to learn how much you qualify for.

See also: Small Estate Affidavit (General Guide) · Small Estate Thresholds by State · California Probate Fees · California Probate by County · California Probate Local Rules · How to Avoid Probate