Free California Small Estate Affidavit

In California, the Small Estate Affidavit covers estates valued at $208,850 or less, 40 days after death, presented directly to the bank or other holder, not filed with a court.

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The California affidavit identifies the claiming successor and the basis of entitlement.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

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No. California publishes no statewide form; the affidavit is prepared to the statute, which lists 11 statements the affidavit must contain.

In California, estates valued at $208,850 or less skip probate with the Small Estate Affidavit, 40 days after death. California sets a separate limit for real property of $69,625. California sets the limit by the decedent's date of death; an earlier death may be measured against a lower figure. An estate over the limit does not qualify, and no affidavit is prepared for it.

40 days after the death. The affidavit states that the period has passed, so it cannot be signed earlier.

The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The holder of the decedent's property (bank, transfer agent, employer, or other person or institution), with a certified copy of the death certificate attached (§ 13101(d)), Judicial Council form DE-300 attached for deaths on or after April 1, 2022 (§ 13101(f)), and reasonable proof of the affiant's identity (§ 13104).

The California affidavit is signed under penalty of perjury; the statute does not require notarization, though holders commonly request it.

Small Estate Collection in California

Because California publishes no statewide form, the affidavit is composed to the statute. The statute lists 11 statements the affidavit must contain. The procedure's name in the statute is “Small Estate Affidavit”; it collects the decedent's property from whoever holds it without a probate case being opened.

Eligibility turns on the figures: the estate qualifies when its value does not exceed $208,850. Real estate has a ceiling of its own, $69,625. The ceiling is set by the decedent's date of death, so an earlier death may be measured against a lower figure. The affidavit may be signed 40 days after the death.

California says who may sign: The successor of the decedent (as defined in Prob. Code § 13006 — the beneficiaries who succeeded to the item under the will, or the persons who succeeded to it under §§ 6401-6402), or a person authorized under § 13051 to act on the successor's behalf, without procuring letters of administration or awaiting probate of the will. The affiant signs it under penalty of perjury, with no notary required by the statute.

Who receives it: The holder of the decedent's property (bank, transfer agent, employer, or other person or institution), with a certified copy of the death certificate attached (§ 13101(d)), Judicial Council form DE-300 attached for deaths on or after April 1, 2022 (§ 13101(f)), and reasonable proof of the affiant's identity (§ 13104).

The effect on the holder and on the successor: Receipt of the affidavit or declaration constitutes sufficient acquittance for the payment, delivery, or transfer and discharges the holder from any further liability with respect to the money or property; the holder may rely in good faith on the statements in it and has no duty to inquire into their truth (§ 13106).

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from California statutes and official state code. How we research.

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Free California Small Estate Affidavit

In California, the Small Estate Affidavit covers estates valued at $208,850 or less, 40 days after death, presented directly to the bank or other holder, not filed with a court.

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Free California Small Estate Affidavit

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Free California Small Estate Affidavit

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