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 $184,500 (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 $184,500 (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 $184,500 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 $184,500, 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.
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