California Small Estate Affidavit (2026)
In California, the successor of a person who died can collect personal property without probate by giving the holder an affidavit or declaration under Probate Code §13100–13101, at least 40 days after the death, when the California estate is worth no more than $208,850 (deaths on or after April 1, 2025).
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California: key facts
- Value limit
- $208,850 for deaths on or after April 1, 2025; $184,500 for deaths from April 1, 2022 to March 31, 2025; $166,250 before April 1, 2022 (gross value in California, excluding Probate Code §13050 property).
- Waiting period
- 40 days after the death.
- Court filing
- None — the affidavit is given to each holder of the property.
- Attachments
- Certified death certificate and Judicial Council form DE-300; inventory and appraisal if California real property is included.
- Signing
- Affidavit before a notary, or declaration under penalty of perjury under California law.
Official source: California Probate Code §13101 · Judicial Council form DE-300 · Last reviewed: October 2026
Frequently asked questions
- What happens if the estate is over the California limit?
- A small estate procedure cannot be used; a probate case in court is needed. Our form blocks values over the limit.
- Do I need to write account numbers?
- No. We never ask for them. Write them by hand on the copy for each holder, if the holder needs them.
- Is it filed with a court?
- No. You give the signed affidavit to each bank or other holder of the property.
- Can I get it in Spanish?
- Yes. You sign the English document and also receive a Spanish reference translation and Spanish instructions.
DoneDoc provides self-help forms and is not a law firm. We recommend having your document reviewed by a licensed attorney in your state before signing.
Other California affidavits
Affidavit of ResidenceAffidavit of HeirshipAffidavit of Financial SupportIdentity Theft AffidavitLost Title Affidavit