Free California Small Estate Affidavit

Prepare the California small estate affidavit for estates up to $208,850, plus presentation letters for each holder. Cal. Prob. Code §§ 13100-13116.

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Your Information

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

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

Frequently Asked Questions About California Small Estate Affidavits

No statewide form. Cal. Prob. Code § 13101(a) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$208,850, per Cal. Prob. Code §§ 13100-13116. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

40 days after the death (Cal. Prob. Code §§ 13100-13116). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

The decedent's successor in interest (or a person authorized under § 13051 to act on the successor's behalf), without procuring letters of administration or awaiting probate of the will. Cal. Prob. Code §§ 13100, 13101, 13051.

The California affidavit is signed under penalty of perjury — notarization is not required by the statute, though holders commonly request it (Cal. Prob. Code §§ 13101(a), 13104).

Receipt of the affidavit or declaration constitutes sufficient acquittance for the payment, delivery, or transfer and discharges the holder from further liability (§ 13106).

The § 13100 affidavit covers personal property. Real property has separate procedures: the § 13200 affidavit re real property of small value (court-filed, Judicial Council form DE-305) and the §§ 13150-13157 petition to determine succession (primary residence). Cal. Prob. Code §§ 13200, 13150-13157.

Small Estate Collection in California

The California affidavit for collection of personal property is prepared by the successor — Cal. Prob. Code § 13101(a) governs its contents — and collects a small estate's property without probate administration.

The Cal. Prob. Code §§ 13100-13116 limit is $208,850. The affidavit can be signed 40 days after the death. An estate over the limit is administered through probate instead.

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 and reasonable proof of the affiant's identity. It is signed under penalty of perjury; notarization is not statutorily required, though holders commonly request it.

Receipt of the affidavit or declaration constitutes sufficient acquittance for the payment, delivery, or transfer and discharges the holder from further liability (§ 13106).

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Frequently Asked Questions About California Small Estate Affidavits

No statewide form. Cal. Prob. Code § 13101(a) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$208,850, per Cal. Prob. Code §§ 13100-13116. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

40 days after the death (Cal. Prob. Code §§ 13100-13116). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

The California affidavit is signed under penalty of perjury — notarization is not required by the statute, though holders commonly request it (Cal. Prob. Code §§ 13101(a), 13104).

Receipt of the affidavit or declaration constitutes sufficient acquittance for the payment, delivery, or transfer and discharges the holder from further liability (§ 13106).

Small Estate Collection in California

The Cal. Prob. Code §§ 13100-13116 limit is $208,850. The affidavit can be signed 40 days after the death. An estate over the limit is administered through probate instead.

Receipt of the affidavit or declaration constitutes sufficient acquittance for the payment, delivery, or transfer and discharges the holder from further liability (§ 13106).

Free California Small Estate Affidavit

Your Information

Frequently Asked Questions About California Small Estate Affidavits