A California Small Estate Affidavit lets heirs claim a deceased person's assets WITHOUT going through the expensive Probate process — but only if the total estate does not exceed $208,850 (2026 limit). It is a fast legal way to transfer bank accounts, vehicles, and personal property after a death. Bilingual, California-valid.
Legal heirs or executors can use this document when a family member passes away leaving an estate under $208,850 (California 2026 limit) IN NON-REAL ESTATE ASSETS. You must wait 40 days after death. It is ideal for claiming: bank accounts, certificates of deposit, vehicles, jewelry, money owed to the deceased, valuable personal property. It does NOT work for real estate (houses, land) — for that, use the Spousal Property Petition or full Probate. It also does not apply if there is a Living Trust (the Trust already avoids Probate).
Under Probate Code §§13100-13117, California's small estate limit rose to $208,850 in 2022 (was $166,250 before). This limit excludes: real estate the spouse automatically inherits, property held in joint tenancy, accounts with designated beneficiaries, Trust assets, vehicles transferred under §13050. The affidavit must be signed under penalty of perjury. If improperly claimed, the signer is personally liable.
Do not use it if: the estate exceeds $208,850, there is real estate to transfer, there are disputes among heirs, or the deceased had a Living Trust. Consult an attorney in those cases.
Exactly 40 calendar days. Before that, the affidavit is not valid under Probate Code §13100(c).
Yes. Every institution receiving the affidavit will require the certified death certificate from the County Recorder.
Only if you are named as an heir in the deceased's valid will. Without a will, California's "intestate succession" laws determine heirs — and unmarried partners and stepchildren generally do NOT inherit.
Only $149. An attorney would charge $400–$800 for this document.
For deaths on or after April 1, 2022, the limit is $208,850 in total "personal" property (not real estate) of the deceased. If the deceased had $208,850 or less, you can use this simplified procedure without formal probate. Real estate requires different procedures.
40 days minimum from death before filing the Affidavit. This allows time for possible creditors and heirs to appear. If you file before, it will be rejected.
NO, this is the main benefit of the §13100 procedure. You just notarize the Affidavit and submit it directly to the bank/institution/person holding the assets. No judge, no required attorney.
Multi Servicios 360 is a self-help legal document preparation platform. We are not a law firm and do not provide legal advice.
Multi Servicios 360 | www.multiservicios360.net | 855.246.7274
Additional legal documents that clients in your situation frequently request with Multi Servicios 360, a self-help legal document preparation platform.
Multi Servicios 360 es una plataforma tecnológica de autoayuda que permite a las personas preparar sus propios documentos legales. No somos un bufete de abogados, no actuamos como abogados, no redactamos documentos por usted, y no brindamos asesoría legal ni recomendaciones sobre qué documentos legales son apropiados para su situación específica. Si necesita asesoría legal, debe consultar a un abogado licenciado en California.