What is the small estate affidavit procedure in California?

What the Law Says

California law provides a simplified process—called the small estate affidavit—to transfer personal property outside of formal probate when the total value of the decedent’s probate estate does not exceed a statutory threshold.

The procedure is governed by California Probate Code §§ 13100–13116. It applies only to personal property (e.g., bank accounts, stocks, vehicles, furniture) — not real estate — and only if the gross value of the decedent’s probate estate is $184,500 or less (adjusted every three years for inflation; effective April 1, 2024).

You must wait at least 40 days after the person’s death before using the affidavit. The affidavit must be signed under penalty of perjury and include specific information about the decedent, the affiant, the property, and the heirs or beneficiaries.

Financial institutions and other asset holders may require additional documentation (e.g., certified death certificate, ID), but they are legally obligated to release assets upon receipt of a properly completed affidavit — unless they have actual notice of a pending will contest or administration.

Statutory Text

The gross value of the decedent’s estate in this state subject to disposition under this chapter shall not exceed one hundred eighty-four thousand five hundred dollars ($184,500).

— Probate Code § 13100(a)

Statutory Text

An affidavit may be used only after the lapse of 40 days from the date of death of the decedent.

— Probate Code § 13101(a)

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