California Small Estate Affidavit: Do You Qualify? Limits by Date of Death, Waiting Periods & Steps

Affidavit (or Declaration) for Collection or Transfer of Personal Property (Probate Code §§ 13100–13101)

Presented directly to the institution holding the asset — no court filing

Dollar limit

• $166,250 — for deaths before 2022-04-01
• $184,500 — for deaths on or after 2022-04-01 and before 2025-04-01
• $208,850 — for deaths on or after 2025-04-01

What counts toward the limit: Gross value of the decedent's real AND personal property in California, excluding any property described in Probate Code § 13050 and any property included in a petition filed under § 13151 (DE-300 wording, verbatim). § 13050(c) excludes salary/compensation owed for personal services up to $20,875 (deaths on/after 2025-04-01; $18,450 for 2022-04-01..2025-03-31) per DE-300. § 13050 also excludes property passing outside probate (joint tenancy, multi-party accounts) and registered vehicles/vessels — enumeration per statute cross-reference; § 13050 full text not re-fetched this run (see confidenceNotes).

Waiting period

40 days from the date of death before the procedure can be used.

Will requirement

Available with or without a will.

Notarization & approval

Notarization is not required by the statute. No court approval is required.

Where the papers go

Not filed with any court. Presented directly to the holder of the property (bank, transfer agent, employer, or other institution) together with the death certificate and DE-300.

Official form

Maximum Values for Small Estate Set-Aside & Disposition of Estate Without Administration (mandatory attachment; the § 13101 affidavit itself has no mandatory Judicial Council form and may be a declaration under penalty of perjury — § 13104(e) permits a notary certificate as optional proof of identity) (DE-300 (Rev. April 28, 2025))

Statute

Cal. Prob. Code §§ 13100–13101; Cal. Prob. Code § 890 (triennial CPI adjustment mechanism)

Who inherits without a will in California

California’s intestacy statute (Cal. Prob. Code §§ 6400–6402) controls when there is no will.

Spouse, no descendants

Spouse takes the decedent's one-half of community property (so spouse holds all community property) and the ENTIRE separate-property intestate estate if the decedent left no surviving issue, parent, brother, sister, or issue of a deceased brother or sister (§ 6401).

Spouse and descendants

Community/quasi-community property: spouse takes the decedent's one-half (spouse ends up with all community property). Separate property: spouse takes ONE-HALF if the decedent left only one child (or issue of one deceased child); spouse takes ONE-THIRD if the decedent left more than one child, or one child plus issue of one or more deceased children, or issue of two or more deceased children (§ 6401(c)).

Descendants only

With no surviving spouse, the entire intestate estate passes to the decedent's issue, taking equally if of the same degree, otherwise per § 240 (per-capita-with-representation) (§ 6402(a)).

After issue: parents equally; then issue of parents; then grandparents/their issue; then issue of a predeceased spouse; then next of kin; then parents/issue of a predeceased spouse (§ 6402). California is a community-property state.