Introduction

A California Small Estate Affidavit lets eligible successors collect a decedent’s personal property (for example, bank or brokerage funds) without opening a formal probate, provided statutory conditions are met. This guide explains the current 2025 limits, who qualifies, required documents, the step‑by‑step process, common pitfalls, and where the affidavit does—and does not—apply. We also outline how HelloSunset.com automates affidavit preparation and asset discovery to reduce time, errors, and stress for families.

What the Small Estate Affidavit is under California law

• The affidavit procedure is authorized by California Probate Code chapter 3 (sections 13100–13117). It allows a “successor of the decedent” to collect money, tangible personal property, or evidences of debt without letters of administration once the statutory waiting period has passed.

• “Successor of the decedent” generally means the beneficiary(ies) under a will for the specific property, or the intestate heir(s) under Probate Code §§ 6401–6402 if there is no will.

• California requires a 40‑day waiting period after death before using the affidavit. The affidavit (or declaration under penalty of perjury) must contain specific statements and have a certified copy of the death certificate attached.

• Notarization isn’t required by statute, but many institutions ask for it; notarizing in advance often avoids delays.

Current dollar limits and which one applies

California adjusts small‑estate thresholds periodically. Which limit applies depends on the date of death:

• The Judicial Council’s updated maximums (DE‑300) and superior court guidance confirm the $208,850 limit for deaths on or after April 1, 2025; earlier deaths remain subject to $184,500 or $166,250 as shown. California’s small‑estate values are reviewed for cost‑of‑living adjustments.

What assets qualify (and what do not)

• The § 13100 affidavit transfers only personal property (e.g., bank accounts, brokerage assets, checks payable, safe‑deposit box contents, tangible personal property). It cannot be used to transfer real property.

• Certain items are excluded when calculating whether the estate is under the limit, including: vehicles and vessels; manufactured or mobile homes registered with HCD; certain wages; and amounts due for military service. Non‑probate transfers (e.g., joint tenancy, POD/TOD accounts, revocable‑trust assets) are also excluded from the valuation.

• DMV/HCD have their own transfer processes for vehicles and manufactured/mobile homes; those items don’t count toward the § 13100 cap.

Real property is different (important 2025 update)

• You cannot use a § 13100 affidavit to transfer real estate. For small‑value real property, California offers separate procedures. As of April 1, 2025, a “Petition to Determine Succession to Primary Residence” may be available for a California primary residence valued up to $750,000; for other real‑property scenarios, procedures and limits differ (for example, an Affidavit re Real Property of Small Value with a higher 2025 cap). Always confirm the correct pathway for any real estate.

Eligibility and prerequisites

To use the California Small Estate Affidavit for personal property:

• You are a rightful “successor” (beneficiary under a will for that item, or intestate heir).

• At least 40 days have elapsed since the date of death.

• No formal probate is pending in California—or, if one is pending, the personal representative has consented in writing to the transfer via affidavit.

• The total value of the decedent’s probate assets in California (after excluding the items in § 13050 and other non‑probate assets) does not exceed the applicable threshold for the date of death.

Documents you will typically need

• Completed affidavit (or declaration under penalty of perjury) that includes the mandatory statements of § 13101.

• Certified copy of the death certificate (attach to the affidavit).

• Government‑issued photo ID for the successor(s).

• Documentation showing the decedent owned the property (e.g., bank/broker statements, passbook, stock certificate, storage receipt).

• If multiple successors are entitled, their signatures (many institutions require all successors to sign or to provide written assignments).

• Notarization recommended (often requested by holders).

Step‑by‑step: how to use the affidavit

1) Confirm eligibility: determine the correct dollar limit by date of death; exclude non‑probate assets and the § 13050 items when valuing the estate. 2) Gather documents: death certificate, ID, and proof of ownership for the property you are claiming. 3) Prepare the affidavit: include all statements required by § 13101 (e.g., 40‑day statement; no probate pending or PR consent; that you are the proper successor; request for transfer; penalty‑of‑perjury clause). Attach the certified death certificate and any required consents. 4) Notarize (practical tip): although not mandated, many banks/brokers require notarization—doing so in advance avoids extra trips. 5) Present the affidavit: give the affidavit and attachments to the bank, transfer agent, or other holder. Many institutions have their own § 13100 form; ask if they prefer a specific version. 6) If the institution refuses: escalate to a supervisor or legal department and reference Probate Code §§ 13100–13106. If a holder unreasonably refuses despite your compliance, you may compel transfer in court and recover attorney’s fees.

Common mistakes (and how to avoid them)

• Using the affidavit before 40 days have elapsed. Solution: calendar the 40‑day mark from the date of death shown on the certified certificate.

• Misvaluing the estate by counting excluded assets (vehicles, joint tenancy, POD/TOD, revocable‑trust property). Solution: apply § 13050 exclusions and do not include non‑probate assets.

• Trying to transfer real estate with a § 13100 affidavit. Solution: use the correct real‑property procedure; as of April 1, 2025, special rules apply for a primary residence.

• Missing required affidavit statements or attachments. Solution: mirror § 13101’s language and attach the certified death certificate (and PR consent if a probate is open).

• Institution rejects the affidavit. Solution: provide the code cites; ask for the institution’s own form; notarize; and if needed, pursue the § 13105 remedy.

Practical challenges families face

• Locating every account and asset across banks, brokers, and insurers—especially when paperwork is scattered.

• Coordinating signatures for multiple successors and ensuring the affidavit accurately reflects each person’s rights.

• Getting institutions to accept the affidavit on the first try (names, dates, and values must match their records).

How Sunset helps (California‑ready)

• Automated, state‑compliant paperwork: Generate California‑specific probate documents quickly, including the statements institutions expect for § 13100 affidavits, with optional e‑notarization.

• Comprehensive asset discovery: Sunset searches across banks, credit unions, and brokerages to surface unknown accounts in as little as one business day—without notifying institutions during search.

• Streamlined transfers: When you’re ready, Sunset helps close accounts and consolidate funds into an FDIC‑insured estate account you control, with clear tracking and records for heirs.

• Always $0 to families: Sunset earns revenue from partner banks while funds are in the estate account—never from your inheritance.

Conclusion and next step

Used correctly, California’s Small Estate Affidavit is a fast, court‑free way to collect personal property after a death. Confirm the correct 2025 limit by date of death, ensure the affidavit includes § 13101’s required statements, and present it with a certified death certificate—preferably notarized—to the holder. To generate your affidavit, locate every account, and track transfers end‑to‑end, start with HelloSunset’s guided workflow at HelloSunset.com