A California small estate affidavit is a signed statement used in the state's small estate procedure to collect a decedent's property without a full probate case. The procedure applies when 40 days have passed since the death and the gross value of the decedent's property in California is within the limit for the date of death, which is $208,850 for deaths on or after April 1, 2025.[1][6] Lower limits apply to earlier deaths. Fill out the California small estate affidavit form online, or download the PDF.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current California law. If you notice an error or outdated information, please contact us.
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FormsPal also publishes a small estate affidavit page for many states. The numbers and rules on this page apply to California only. If you are new to the process, read what probate means first.
California's small estate procedure sits in the Probate Code. The gross value of the decedent's real and personal property in the state cannot exceed the limit for the date of death, and at least 40 days must have passed since the death.[1] The Judicial Council adjusts the limit every three years under Section 890. It is $166,250 for deaths before April 1, 2022, $184,500 for deaths on or after April 1, 2022, and before April 1, 2025, and $208,850 for deaths on or after April 1, 2025.[6] A certified copy of the decedent's death certificate must be attached to the affidavit.[2]
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 rules sit in the California Probate Code, Division 8, Part 1 (Sections 13000 to 13211). The personal property affidavit is in Chapter 3 (Sections 13100 to 13117). Section 13006 defines the successor of the decedent, and Section 13051 says who may act for a successor.[3]
Gather these items before you start filling out the form:
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.[4] A notary is required only for the separate affidavit for real property of small value (Section 13200(b)).[5] FormsPal also has a California notary acknowledgement form for reference.
| Max. Estate | $208,850 for deaths on or after April 1, 2025. $184,500 for deaths from April 1, 2022, to March 31, 2025. $166,250 for deaths before April 1, 2022.[6] |
| Min. Time to Wait After Death | 40 days[1] |
| Death Certificate | Certified copy attached to the affidavit[2] |
| State Laws | California Probate Code § 13100[1] and § 13101(d)[2] |
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. The nine steps below follow the form in its own order.
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.
A clean form saves you a second trip to the notary. The process is simple, but a few small slips cause most of the trouble: an unchecked box, a missing date or a signature made before the notary was present. Use the tips below as a final check before you print and sign the affidavit.
Here is how the first entries might look with made-up information:
All names, dates and amounts above are invented for illustration only.
FormsPal has more California affidavit forms if your situation calls for a different statement.
Signing is only one part of the small estate process. The affidavit is meant to help successors collect assets without a full probate administration,[1] but you still deal with each bank or company that holds an asset. Plan the next steps before you sign so nothing sits unfinished.
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.
These answers cover the California small estate procedure and its value limit. Each one rests on Probate Code Section 13100, which sets a waiting period of 40 days after the death and a value limit that the Judicial Council adjusts under Section 890.[1][6]
The small estate procedure is the route in Probate Code Section 13100 for collecting a decedent's property without a full probate case. It applies when both conditions are met:
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 deaths before April 1, 2022, the limit is $166,250.[1][6]
The asset limit for the small estate procedure is $208,850 for deaths on or after April 1, 2025, and $166,250 for deaths before April 1, 2022. Deaths in between use $184,500. It counts the gross value of the decedent's real and personal property in California.[1][6]
A small estate affidavit can be used when the gross value of the decedent's property in California does not exceed $208,850 when the death was on or after April 1, 2025. The amount is adjusted periodically under Section 890, and for deaths before April 1, 2022, it is $166,250.[1][6]
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.
