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California's small estate affidavit is a signed claim to a decedent's property. Under Cal. Prob. Code § 13100, it works only after 40 days and within a value limit. Successors use the form to collect personal property, especially bank accounts, without a probate case.
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This page covers California only: the value limit by date of death, the waiting period, each item of the form, signing, and where the affidavit goes. FormsPal also publishes a small estate affidavit page for many states. If you are new to the process, read what probate means first.
A California small estate affidavit is a signed statement by the decedent's successor that asks the holder of an asset to hand that asset over without a probate case.
The form names the decedent, lists the property and names the successors. It also states that the conditions of the small estate procedure are met. The person who signs it is the affiant, the person making the statement.
The holder of the property, such as a bank or a company, reads the affidavit and decides whether to release the asset to the successor. The decedent is the person who died. The successor is the person who receives the property.
Probate form 13100 is the name searchers often give this affidavit, after Cal. Prob. Code § 13100, the section that allows it only when its conditions are met.
The FormsPal template is titled “Affidavit for Collection of Personal Property” and runs two pages. Page 1 holds the numbered statements and the signature lines, and page 2 holds the notary's acknowledgment.
County websites post their own versions of the form under the same title. Some of these versions print a dollar limit from an earlier period. The amount printed on a form is not proof of the current limit, so check it against the amounts below.
A small estate affidavit differs from a general affidavit: it makes the fixed statements the small estate procedure asks for, while a general affidavit holds whatever facts a person swears to.
A general affidavit form fits a statement that has nothing to do with collecting a decedent's property, such as proof of an address or of a fact for an employer. FormsPal has more California affidavit forms if your situation calls for a different statement.
For deaths on or after April 1, 2025, including deaths in 2026, the limit for the small estate procedure is $208,850 in gross value.
Cal. Prob. Code § 13100 sets the base figure: the procedure applies if the gross value of the decedent's real and personal property in this state does not exceed $166,250, as adjusted periodically in accordance with Section 890. The Judicial Council adjusts the limit every three years under Section 890. For an earlier death, use the amount in the Judicial Council's table of adjusted amounts for the date of death.
If the gross value of the decedent's real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890
The table lists each rule the Truth Engine holds for this affidavit, with the section behind it.
| Rule | What it says | Source |
|---|---|---|
| Value limit | Applies only if the gross value of the decedent's real and personal property in California does not exceed $166,250, as adjusted periodically under Section 890 | Cal. Prob. Code § 13100 |
| Waiting period | Applies only if 40 days have elapsed since the death of the decedent | Cal. Prob. Code § 13100 |
| Death certificate | A certified copy of the decedent's death certificate is attached to the affidavit | Cal. Prob. Code § 13101(d) |
The limit in Cal. Prob. Code § 13100 counts the gross value of the decedent's real and personal property in this state, and the affidavit applies only if that total stays within it.
Real property counts toward the total as well as bank accounts and other personal property. The total under Cal. Prob. Code § 13100 covers all of the decedent's real and personal property in this state, not only the assets listed in item 6, which may cover a single holder. Some property is left out of the count by the Probate Code, so read the opening words of Section 13100 and the property it excludes before you compare the total with the limit.
The affidavit can be used only after 40 days have elapsed since the death of the decedent, under Cal. Prob. Code § 13100.
The wait counts from the date of death on the death certificate. Sign and date the affidavit only after the waiting period has run, because the form itself states that it has passed. A form dated too early states something that is not yet true.
The affidavit needs a certified copy of the decedent's death certificate attached, and under Cal. Prob. Code § 13101(d) the copy must be attached to the affidavit or declaration.
Each holder you hand the affidavit to may ask to keep the attached copy. Order more than one certified copy when several holders are involved. Make copies of the signed affidavit and the death certificate before you hand the originals to anyone.
The affidavit is signed by the successor of the decedent, or by a person who acts on behalf of the successor, as item 8 of the form states.
Section 13006 defines the successor of the decedent, and Section 13051 says who may act for a successor. The form has a second set of Dated and Name lines for a second affiant. Each person who signs gives the holder proof of identity, as the signing section below explains.
The California small estate affidavit is filled out item by item in the form's own order, from the decedent's details in item 1 to the notary's acknowledgment on page 2.
Gather these items before you start filling out the form:
The screenshots under each step show the FormsPal California small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
The form also has an acknowledgment on page 2 for a notary. California does not require a notary for this personal property affidavit. Section 13104 of the Probate Code asks for reasonable proof of the identity of each person who signs it.
A notary's certificate of acknowledgment is one accepted proof. Another is signing in front of the holder of the property and showing a California driver's license or ID card, or a US passport, that is current or was issued in the last five years.
Use these steps to sign:
FormsPal also has a California notary acknowledgement form for reference.
The signed affidavit goes to each holder of an asset, such as a bank, a credit union or a company that holds the decedent's property.
Follow these steps for each holder:
The personal property affidavit does not fit every estate: an estate over the limit, or real property, can call for another route.
Item 5 of this form asks whether the estate holds real property and, where it does, for an inventory and appraisal of it. A notary is required only for the separate affidavit for real property of small value (Section 13200(b)).
If the total is over the limit, or a holder will not accept the affidavit, ask an attorney about your legal options. FormsPal also lists other probate forms for a full case.
The affidavit is most often held up by small slips: an unchecked box, a missing date or a signature made before the notary was present.
Here is how the first entries might look with made-up information:
All names, dates and amounts above are invented for illustration only.
These answers cover the questions searchers ask most about the California affidavit.
A small estate may not need probate: the affidavit under Cal. Prob. Code § 13100 can be used if 40 days have elapsed since the death and the gross value of the decedent's real and personal property in this state does not exceed the adjusted limit.
The form also states, in item 3, that no proceeding for the estate has been conducted in California or that the personal representative has consented in writing. Other routes in the Probate Code can also avoid a full probate case.
For deaths on or after April 1, 2025, including deaths in 2026, the limit for the small estate procedure is $208,850 in gross value. The Judicial Council set that amount under Section 890, and the next adjustment is due April 1, 2028. For an earlier death, use the Judicial Council's table of adjusted amounts for the date of death.
The affidavit has no line for an attorney: the successor, or a person who acts for the successor, signs it as the affiant. An attorney helps when the total is close to the limit or a holder refuses the form.
Cal. Prob. Code § 13100 names no fee for the affidavit; it sets only the conditions under which the affidavit applies, if the estate meets them. A notary may charge for the acknowledgment, and each certified copy of the death certificate has its own cost.
A county form that prints an older dollar limit shows the wrong figure for a recent death. Use the amount for the decedent's date of death, from the limits on this page.
The form has a second set of Dated and Name lines, so a second affiant can sign on the same form. Each signer gives the holder proof of identity.
General information, not legal or tax advice.
Unless noted otherwise, the sources below are from the California Probate Code, published by the California Legislative Information.
