California Small Estate Affidavit: Transfer Assets Without Probate

A small estate affidavit is California’s simplest way to move a deceased person’s personal property to the people who inherit it, without the court-supervised probate process. It applies only to personal property, such as money, securities, and final paychecks, and only when the estate is small enough to qualify. This article covers who can use the affidavit, the current dollar limit and waiting period, what the document must say, and how to present it to a bank or other institution. It is one of the alternatives to formal administration explained in California estate planning: wills, trusts, probate, and taxes.

When you can use a small estate affidavit

Three conditions must be met before a successor can collect property with an affidavit under Cal. Prob. Code § 13100. The gross value of the decedent’s real and personal property in California must fall at or below the small-estate limit. At least 40 days must have passed since the death. And no probate proceeding can be pending in California, unless the estate’s personal representative consents in writing to the transfer.

The dollar limit is adjusted periodically, so it depends on the date of death. For deaths on or after April 1, 2022, the estate qualifies if it is worth $184,500 or less. For deaths before that date, the limit is $166,250. The Judicial Council publishes the current figures on form DE-300, and the amount in effect on the date of death is the one that applies.

The person signing must be the “successor of the decedent,” defined in Cal. Prob. Code § 13006. That is the beneficiary who inherits the specific item under the will, or, if there is no will, the heir entitled to it under California’s intestate succession rules. The affidavit works the same way whether or not the decedent left a will.

What counts toward the $184,500 limit

The limit measures gross value, not equity. A car worth $20,000 with a $12,000 loan still counts as $20,000 toward the total. What keeps most estates under the cap is the long list of assets that are excluded from the calculation entirely.

Cal. Prob. Code § 13050 leaves the following out of the estate’s value:

• Property the decedent held in joint tenancy, which passes to the surviving co-owner automatically
• Property that passes outright to a surviving spouse
• Assets held in a revocable living trust
• Bank and brokerage accounts with a named payable-on-death beneficiary or a surviving co-owner
• Vehicles and vessels registered under the Vehicle Code
• Real property located outside California, and a limited amount of unpaid salary

Because so much passes outside the estate, an estate that looks large on paper can still fit under the affidavit limit. Note that California real property does count toward the value calculation even though the affidavit itself cannot transfer it, so a home in the state can push an estate over the cap.

What the affidavit must contain

There is no mandatory statewide court form for collecting personal property this way. The successor prepares a written affidavit or a declaration signed under penalty of perjury. Cal. Prob. Code § 13101 lists the statements it must include.

1. Identify the decedent and the death

   State the decedent’s name and the date and place of death. Attach a certified copy of the death certificate.

2. Confirm the waiting period and the absence of probate

   State that at least 40 days have elapsed since the death, and that no proceeding is being or has been conducted in California to administer the estate. If a personal representative has been appointed, state instead that the representative consents in writing.

3. State the value

   State that the current gross fair market value of the decedent’s California real and personal property, excluding the assets listed in Section 13050, does not exceed the applicable limit. Attach the published list of adjusted dollar amounts in effect on the date of death.

4. Describe the property and the successor

   Describe the specific property to be transferred, and identify the successor entitled to it. State that the person signing is that successor, or is authorized to act on the successor’s behalf.

Most banks, transfer agents, and other institutions accept an affidavit that tracks the statutory language. Some provide their own form that already contains the required statements.

Presenting the affidavit and collecting the property

The affidavit is not filed with any court. The successor delivers it directly to whoever holds the asset, such as the bank that holds an account or the company that owes a final paycheck. Once a proper affidavit and reasonable proof of the successor’s identity are presented, the holder is required to pay or transfer the property to the successor and is discharged from further liability for doing so.

Institutions handle the details differently. Banks usually want the original affidavit, a certified death certificate, and government-issued identification. Brokerages transferring securities often require a medallion signature guarantee. A vehicle held in the decedent’s name is transferred through the Department of Motor Vehicles using its own transfer-on-death and decedent-estate paperwork rather than the small estate affidavit. When several successors inherit the same account, each typically signs, or one signs with written authorization from the others.

Real property and estates that are too large

The Section 13100 affidavit reaches only personal property. Transferring a house or land uses a different track. For low-value real property, California provides an affidavit procedure under Cal. Prob. Code § 13200, filed with the superior court in the county where the property sits. For real property worth more, but with an estate still under the general small-estate limit, a Petition to Determine Succession to Real Property asks the court to order the transfer without full administration.

An estate whose qualifying value exceeds the limit generally requires formal probate. The full probate process is court-supervised, takes months, and follows the priority rules for paying creditors before distributing what remains. Some families combine tools: a small estate affidavit for the bank accounts, a separate real-property procedure for the house.

The successor’s responsibilities and liability

Collecting property with an affidavit is not the same as inheriting it free of obligations. Under Cal. Prob. Code § 13109, a successor who receives property this way is personally liable for the decedent’s unsecured debts, up to the fair market value of what was received, less any liens. A person with a stronger claim to the property, or a later-appointed personal representative, can also require the successor to restore it.

Because the affidavit shifts responsibility for the decedent’s debts onto the person who collects the assets, the value calculation and the identity of the true successor are worth confirming before signing.