✓ Verified June 2026
This guide explains the California small estate affidavit in plain English — the exact dollar limit, whether real estate counts, the waiting period, and how to use it to skip full probate. The threshold is verified as of June 2026 (these limits change with inflation).
In This California Guide:
California Small Estate Eligibility at a Glance
Here are the exact rules for using a California small estate affidavit:
| Small estate affidavit limit | $239,700 (effective April 1, 2026 (for deaths on or after this date; prior threshold of 208850 applied April 1, 2025 through March 31, 2026; adjusted every 3 years per Probate Code section 890)) |
| Real estate excluded? | YES — the small-estate affidavit under Probate Code section 13100 applies only to personal property (bank accounts, vehicles, stocks, tangible personal property). Real property cannot be transferred by this affidavit. However, California offers two separate simplified procedures for real estate: (1) an Affidavit Re Real Property of Small Value under Probate Code section 13200 for real property interests valued under 69625, and (2) a Petition to Determine Succession to Real Property under Probate Code sections 13150-13157 for a decedent’s primary residence valued up to 750000 (effective April 1, 2025 under Assembly Bill 2016). |
| Waiting period after death | 40 |
| Summary probate threshold | 750000 for primary residence only — California Probate Code sections 13150-13157 allow a court petition to determine succession to the decedent’s primary residence valued up to 750000 without full probate. This is a court-filed petition (not an affidavit), typically faster and less expensive than formal probate. The real property small-value affidavit under section 13200 (no court filing required) has a separate threshold of 69625. |
| Transfer-on-death (TOD) deed allowed? | YES — California allows a Revocable Transfer-on-Death Deed (RTODD) under Probate Code sections 5600-5696. Requirements: the property must be residential (1 to 4 dwelling units) or a condominium that is the owner’s primary residence; the deed must be witnessed by two witnesses, notarized, and recorded with the county recorder within 60 days of notarization. For deeds executed on or after January 1, 2022, the beneficiary must survive the transferor by at least 120 days or the deed is void. The owner may revoke the RTODD at any time during their lifetime. The RTODD does not transfer any interest until the owner’s death. |
How to File a California Small Estate Affidavit
(1) Wait at least 40 days after the decedent’s date of death. (2) Confirm no probate proceeding has been filed or is pending for the decedent’s estate. (3) Confirm the gross value of all the decedent’s real and personal property in California (excluding joint tenancy assets, TOD/POD accounts, trust assets, and certain other non-probate transfers) does not exceed 239700.
(4) Prepare a small estate affidavit (also called a Declaration for Collection of Personal Property) — the successor signs under penalty of perjury stating their right to the property and that all conditions are met. (5) Attach a certified copy of the decedent’s death certificate to the affidavit. (6) Present the affidavit and death certificate to the person, company, bank, or institution holding the decedent’s property.
(7) The holder must release the property to the affiant. If the holder refuses, the successor may petition the court to compel release. (8) The person who collects property using the affidavit is personally liable to the decedent’s creditors and other rightful heirs for the value of the property collected.
Who can file in California: A “successor of the decedent” may use the small-estate affidavit — this includes the decedent’s heirs at law (if there is no will) or beneficiaries named in the decedent’s will. If the decedent died with a will, the executor named in the will may also use the affidavit. The affiant must have the legal right to receive the specific property being claimed.
If multiple successors exist, they may all need to sign the affidavit or consent to the collection. The affiant is personally liable for the property collected to the extent of any proper claims by creditors or other heirs.
Other Ways to Avoid Probate in California
California offers several probate-avoidance tools: (1) Revocable living trust — assets titled in the trust pass to beneficiaries without probate; considered the most comprehensive tool for California estates. (2) Joint tenancy with right of survivorship — property passes automatically to the surviving joint tenant(s) outside probate.
(3) Community property with right of survivorship (CPWROS) — for married couples, property passes to the surviving spouse outside probate and may receive a full stepped-up tax basis on both halves (unlike joint tenancy which only steps up the decedent’s half). (4) Payable-on-death (POD) designations on bank accounts. (5) Transfer-on-death (TOD) registrations on brokerage and securities accounts. (6) Beneficiary designations on life insurance, retirement accounts (IRAs, 401(k)s), and annuities.
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(7) Revocable Transfer-on-Death Deed for residential real property. (8) Multiple-party accounts under Probate Code sections 5100-5407. None of these assets count toward the 239700 small-estate threshold.
Other California small-estate rules: (1) California adjusts the small-estate threshold every 3 years for inflation under Probate Code section 890 — the next adjustment is scheduled for April 1, 2028. (2) The gross value used for the threshold is calculated before subtracting debts or liabilities — it is the fair market value of all California real and personal property as of the date of death.
(3) Assets excluded from the threshold calculation include: joint tenancy property, community property passing to the surviving spouse, assets in a trust, POD/TOD accounts, life insurance proceeds, and retirement account benefits.
(4) If the decedent owned real property, the small-estate affidavit alone cannot transfer it — the successor must use either the Affidavit Re Real Property of Small Value (section 13200, for interests under 69625) or the Petition to Determine Succession (sections 13150-13157, for a primary residence up to 750000). (5) California is a community property state, which affects how property is classified and who has succession rights.
(6) A holder of property who releases it in good faith based on a valid affidavit is discharged from liability for that property. (7) Any person who fraudulently uses a small-estate affidavit may be liable for damages, including attorney’s fees, to the rightful owner.
Understanding the California Small Estate Affidavit
A California small estate affidavit can let a family skip full probate entirely when the estate is below the state limit. The exact California threshold above is the figure that decides eligibility — and because these limits change with inflation, using the current number matters. Filing a California small estate affidavit is usually far faster and cheaper than formal probate, often resolving in weeks instead of months.
Your state court’s self-help center publishes the official California small estate affidavit form and the current dollar limit.
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Official California Sources & Resources
- California Court Self-Help: https://selfhelp.courts.ca.gov/probate/small-estate
- California Small Estate Statute: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=13100.&lawCode=PROB
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This California small-estate guide was last verified against official sources in June 2026. Thresholds change with inflation — verify the current limit with your state court.
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.