California Small Estate Affidavit: Skip Probate for Estates Under $184,500

If you've inherited a modest estate in California and are dreading the expense and delays of formal probate, I have good news: you may be able to collect assets quickly and inexpensively using California's small estate affidavit procedure.

As a Glendale probate attorney, I regularly help families navigate California's small estate procedures—a streamlined alternative to formal probate that saves thousands of dollars and months of time for qualifying estates.

In this comprehensive guide, I'll explain how California's small estate affidavit works, who qualifies, what forms you need, the step-by-step process, and important limitations you should understand.

What Is a California Small Estate Affidavit?

A small estate affidavit (officially called "Affidavit for Collection or Transfer of Personal Property") is a sworn statement that allows heirs to collect assets from banks, brokerage firms, and other institutions without going through formal probate.

The legal foundation: California Probate Code Sections 13100-13116

The basic concept: Instead of opening a probate case and having a court-appointed executor, heirs simply present a notarized affidavit to the institution holding the deceased's assets. The institution then releases the assets directly to the heirs.

Key advantages:

• No court involvement required
• No attorney fees required (though consultation recommended)
• No executor appointment needed
• Completed in 40-60 days instead of 12-18 months
• Costs $500-$1,500 instead of $20,000-$50,000+
• Private (no public record)

The $184,500 Threshold: Do You Qualify?

California's small estate procedure is available only if the total value of all assets subject to probate does not exceed $184,500.

Important: This threshold adjusts every three years for inflation. The current $184,500 limit is effective as of April 1, 2022, and remains in effect through March 31, 2025.

What Assets Count Toward the $184,500 Limit?

Include in calculation:

• Bank accounts (checking, savings, CDs)
• Brokerage accounts
• Stocks and bonds
• Mutual funds
• Personal property (vehicles, jewelry, household items)
• Business interests
• Money owed to decedent
• Real property outside California

Do NOT include in calculation:

• California real property (has separate small estate procedure)
• Assets with named beneficiaries (life insurance, IRA, 401k with beneficiary designation)
• Payable-on-Death (POD) or Transfer-on-Death (TOD) accounts
• Joint tenancy property (passes automatically to survivor)
• Community property passing to surviving spouse
• Trust assets

Real Property Exception

Critical point: The $184,500 limit does NOT include California real estate.

California real property has its own simplified procedure (Probate Code Section 13200) that applies regardless of value, with certain conditions.

Example:

• Bank accounts: $50,000
• Brokerage account: $80,000
• Personal property: $30,000
• California house: $700,000
• Total countable assets: $160,000

Result: Qualifies for small estate affidavit for personal property. The house can be transferred using a separate real property affidavit procedure.

Multiple Accounts and Aggregation

Important rule: You must add up ALL accounts at ALL institutions to determine if you're under the $184,500 threshold.

Example:

• Bank of America: $90,000
• Wells Fargo: $60,000
• Charles Schwab: $40,000
• Total: $190,000

Result: Does NOT qualify—exceeds $184,500 by $5,500. Must use formal probate.

Common mistake: Families sometimes think each institution has a separate $184,500 limit. This is incorrect. The limit applies to the entire estate.

Who Can Use the Small Estate Affidavit?

Eligible persons (in priority order):

1. Surviving spouse or domestic partner (for community property)
2. Beneficiaries named in the will (if there is a will)
3. Heirs at law (if there is no will, according to intestate succession)
4. Any person entitled to the property

You can use this procedure even if:

• There is a will
• There is no will
• You're not a family member (but entitled to property)

You cannot use this procedure if:

• A probate case has already been filed for this estate
• The estate exceeds $184,500
• 40 days have not yet passed since death

The 40-Day Waiting Period

California Probate Code Section 13100(a): Small estate affidavit cannot be used until at least 40 days have passed since the date of death.

Why the waiting period?

• Allows time for creditors to come forward
• Prevents hasty distributions
• Ensures will is located if one exists
• Protects against fraud

Counting the days: Start counting the day after death. Day 40 is the first day you can use the affidavit.

Example:

• Death: January 1
• First eligible day: February 10 (40 days later)

No exceptions: This waiting period cannot be waived, even in emergencies.

Required Forms for Small Estate Affidavit

Form 1: Affidavit for Collection or Transfer of Personal Property

California form: Form DE-5200 (optional but recommended)

You can also: Draft your own affidavit including all required elements per Probate Code Section 13101.

The affidavit must include:

1. Decedent information:

   • Full legal name
   • Date of death
   • County of residence at death

2. Property description:

   • Specific description of property being claimed
   • Current value
   • Account numbers

3. Heir/beneficiary information:

   • Name and address of person claiming property
   • Relationship to decedent
   • How they are entitled to property (will provision or intestate succession)

4. Required statements:

   • At least 40 days have passed since death
   • No probate proceeding is pending or granted
   • Total value of decedent's property does not exceed $184,500
   • Claiming party is entitled to the property
   • All debts and taxes have been paid OR property claimed exceeds debts

5. Debts statement:

   • Amount of outstanding debts (if known)
   • Either: debts have been paid, OR value of claimed property is less than debts, OR adequate provision for payment has been made

6. No other person has better right to property

7. Oath and signature:

   • Signed under penalty of perjury
   • Notarized

Form 2: Certified Copy of Death Certificate

Required: Attach certified death certificate to affidavit

Where to obtain: County health department or funeral home Cost: $20-30 per copy Copies needed: One for each institution, plus extras

Form 3: Attachment (if claiming under will)

If claiming as beneficiary under a will, attach:

• Copy of the will (and codicils if any)
• Statement that will has not been revoked

If claiming as heir at law (no will), include:

• Statement of relationship to decedent
• List of all heirs and their shares

Form 4: Consent Forms (if multiple beneficiaries)

If property should be distributed to multiple heirs/beneficiaries but one person is collecting it:

• Other beneficiaries should sign consent
• Authorizing one person to collect and distribute

Step-by-Step Process: How to Use the Small Estate Affidavit

Let me walk you through the complete process from start to finish.

Step 1: Gather Information (Days 1-15)

Action items:

• Obtain certified death certificates (order 5-10 copies)
• Locate the will (if one exists)
• Identify all assets and their values
• Contact all financial institutions to determine exact balances
• Calculate total estate value
• Identify all heirs/beneficiaries

Documents to collect:

• Most recent bank statements
• Brokerage statements
• Vehicle titles
• Deeds to real property
• Business documents
• Bills and outstanding debts

Step 2: Wait 40 Days (Days 1-40)

Required: Cannot use affidavit until 40 days after death

During this time:

• Continue gathering information
• Pay urgent bills if possible
• Secure estate property
• Prepare affidavit documents

Step 3: Prepare the Affidavit (Days 35-40)

Complete Form DE-5200 or draft custom affidavit including:

• All required statements (see above)
• Complete property description
• Accurate valuations
• Clear statement of entitlement

If using the will:

• Attach copy of will
• List specific bequest from will
• Explain why you're entitled

If no will (intestate succession):

• State relationship to decedent
• Cite Probate Code section establishing your right to inherit
• List all heirs and their shares

Review carefully: Errors can cause institutions to reject the affidavit.

Step 4: Have Affidavit Notarized (Day 40+)

Requirements:

• Must be signed in presence of notary public
• Must have current government-issued photo ID
• Notary will verify identity and witness signature

Where to find notary:

• Banks (often free for customers)
• UPS stores
• Private notary services
• Mobile notaries (will come to you)

Cost: $15-30 per signature (varies by state and notary)

Step 5: Present Affidavit to Institution (Days 40-50)

Deliver complete package:

• Original notarized affidavit
• Certified death certificate
• Copy of will (if applicable)
• Any additional documents institution requires

Methods of delivery:

• In person (fastest)
• Certified mail, return receipt requested
• Email (if institution accepts electronic submission)

Best practice: Call institution first to:

• Confirm they accept small estate affidavits
• Ask what additional documentation they require
• Get name and address of correct department/person
• Ask about timeline for processing

Step 6: Institution Review (Days 40-60)

What happens:

• Institution reviews affidavit and supporting documents
• Verifies death
• Confirms account information
• May conduct additional verification
• Processes release of assets

Processing time: 1-3 weeks typically

Possible issues:

• Rejected affidavits (if errors or omissions)
• Requests for additional documentation
• Questions about entitlement

Step 7: Receive Assets (Days 50-60)

How assets are released:

Bank accounts:

• Check made payable to heir(s)
• Direct deposit to heir's account
• Cashier's check

Brokerage accounts:

• Transfer securities to heir's account
• Liquidate and issue check
• Transfer in-kind

Physical property:

• Title documents transferred
• Property released to heir

Business interests:

• Corporate records updated
• Partnership agreement amended
• LLC operating agreement updated

Step 8: Pay Debts and Distribute (Days 60-90)

Your responsibility: Pay decedent's debts from estate assets before keeping remaining property.

Priority of payment:

1. Funeral expenses
2. Estate administration costs
3. Secured debts
4. Medical expenses from final illness
5. Other debts

Distribute to beneficiaries:

• Follow will provisions, OR
• Follow intestate succession rules
• Get receipts from beneficiaries

Tax responsibilities:

• File decedent's final income tax return
• Report estate income on your return (if assets earned income)
• Pay estate taxes if required (unlikely for small estates)

Common Institutions That Accept Small Estate Affidavits

Most financial institutions in California recognize and accept properly prepared small estate affidavits.

Banks and Credit Unions:

• Bank of America
• Wells Fargo
• Chase Bank
• Citibank
• Credit unions (federal and state)

Brokerage Firms:

• Charles Schwab
• Fidelity
• Vanguard
• TD Ameritrade
• E*TRADE

Other Asset Holders:

• Insurance companies (for policy cash values)
• Employers (final wages, vacation pay)
• California DMV (vehicles)
• Private parties (debts owed to decedent)

Potential challenges:

• Some institutions have additional requirements
• Out-of-state institutions may not recognize California affidavit
• Some require medallion signature guarantee
• Some require indemnity bonds

Small Estate Affidavit for Real Property

California has a separate procedure for transferring real property valued at $61,500 or less.

California Probate Code Section 13200: Affidavit re Real Property of Small Value

Threshold: $61,500 (real property only)

Process differences:

• Different form required (Form DE-305)
• Must be recorded with county recorder
• 6-month waiting period (not 40 days)
• Court may require hearing

Important: This threshold is much lower than the $184,500 personal property threshold.

Practical reality: Very few California properties are worth only $61,500. Most real property requires formal probate or trust administration.

Small Estate Affidavit Limitations and Risks

While small estate affidavits are convenient, they have limitations and potential risks.

Limitation #1: No Court Supervision

Issue: No judge reviews your actions or protects you from mistakes.

Risk: If you make errors (e.g., distribute to wrong person, ignore creditors, miscalculate shares), you can be personally liable.

Protection: Consult with attorney even if not required.

Limitation #2: Personal Liability for Debts

Probate Code Section 13109: Person collecting assets is personally liable for decedent's debts to extent of value collected.

Example:

• You collect $80,000 using affidavit
• Later, $100,000 in debts are discovered
• You are personally liable for $80,000 (amount you collected)

Protection: Thoroughly investigate debts before distributing assets.

Limitation #3: No Protection from Will Contests

Issue: If someone challenges the validity of the will, you have no court order to rely on.

Risk: May have to return assets and go through formal probate.

When this matters: Contested wills, family disputes, questionable will validity.

Limitation #4: Institutions May Refuse

Reality: Some institutions are unfamiliar with small estate procedures and may refuse to honor affidavit.

Options if refused:

• Escalate to management
• Cite Probate Code Section 13104 (requires acceptance)
• File formal probate instead

Limitation #5: Multiple Heirs Complicate Process

Issue: If property should be divided among multiple heirs, coordinating collection and distribution is complex.

Challenge: Getting everyone to agree and cooperate.

Risk: Disputes after distribution.

Limitation #6: No "Letters Testamentary"

Issue: You don't receive official court document proving authority.

Problem: Some entities (especially government agencies, out-of-state institutions) may not recognize affidavit.

Solution: May need formal probate for certain assets.

Small Estate Affidavit vs. Formal Probate: Comparison

Feature	Small Estate Affidavit	Formal Probate
Maximum estate value	$184,500 (personal property)	No limit
Time required	40-60 days	9-18 months
Court involvement	None	Extensive
Attorney required	No (but recommended)	Yes (practically required)
Typical cost	$500-$1,500	$20,000-$50,000+
Waiting period	40 days	9 months minimum
Court supervision	No	Yes
Public record	No	Yes
Creditor protection	Limited	Strong
Will contest protection	None	Strong
Complexity	Low to moderate	High

When to Use Small Estate Affidavit vs. Other Options

Use small estate affidavit when:

• Estate value under $184,500
• Assets are simple (bank accounts, brokerage accounts)
• No real property (or separate procedure available)
• No disputes among heirs
• Will is clearly valid (if there is one)
• Debts are manageable
• Speed is important

Use formal probate when:

• Estate exceeds $184,500
• Real property over $61,500
• Complex assets (business, intellectual property)
• Family disputes exist
• Will validity is questionable
• Significant debts to resolve
• Need court protection and authority

Use spousal property petition when:

• Surviving spouse inheriting community property
• Faster than probate, more protection than affidavit
• Available regardless of estate value

Use trust administration when:

• Assets held in living trust
• No probate required at all
• Fastest and most private option

Potential Problems and How to Solve Them

Problem: Institution Rejects Affidavit

Common reasons:

• Affidavit missing required information
• Death certificate not certified
• Will not attached (if claiming under will)
• Account balance exceeds $184,500
• Institution's own policies

Solutions:

• Correct errors and resubmit
• Cite California Probate Code Section 13104 (mandatory acceptance)
• Escalate to legal department
• Consider formal probate if repeated rejections

Problem: Estate Value Uncertain

Issue: Asset values fluctuate, making it unclear if under $184,500.

Solution:

• Use value as of date of death
• Get written valuations
• If close to threshold, consider formal probate for protection

Problem: Unknown Debts Surface After Distribution

Issue: You distributed assets, then creditor makes claim.

Liability: You're personally liable up to amount distributed.

Prevention:

• Publish creditor notice (optional but recommended)
• Hold back reserves for potential claims
• Wait 60-90 days after death before distributing
• Obtain releases from beneficiaries

Problem: Multiple Heirs Can't Agree

Issue: Heirs disagree about distribution or who should collect assets.

Solution:

• Mediation
• One heir collects with written consent from others
• Formal probate with court-appointed executor

Problem: Out-of-State Assets

Issue: California affidavit may not be recognized in other states.

Solution:

• Check other state's laws
• May need separate probate proceeding in that state
• Consider hiring attorney in that state

Do You Need an Attorney for Small Estate Affidavit?

Legally required? No. You can complete the small estate affidavit process without an attorney.

Practically advisable? Yes, in most cases.

Reasons to hire attorney:

• Ensure affidavit includes all required elements
• Avoid costly mistakes and personal liability
• Resolve questions about who is entitled to property
• Interpret will provisions correctly
• Calculate intestate succession shares
• Handle disputes among beneficiaries
• Maximize protection from future claims

Attorney cost for small estate consultation: $500-$1,500

Compare to:

• Formal probate cost: $20,000-$50,000+
• Personal liability if mistakes made: Unlimited

Many attorneys offer:

• Fixed-fee small estate packages
• Review of self-prepared affidavits
• Consultation only (you complete forms yourself)

Frequently Asked Questions

Can I use small estate affidavit if there is a will?

Yes. The procedure works whether or not there is a will. If there is a will, you must attach a copy to the affidavit and cite the specific provision leaving property to you.

What if we discover additional assets after using the affidavit?

If additional assets push the total over $184,500, you may need to file formal probate. Consult with an attorney immediately.

Can I use multiple affidavits for different institutions?

Yes. You'll need a separate affidavit for each institution holding assets. Each affidavit must state the total estate value (not just the amount at that one institution).

What if exactly 40 days falls on a weekend?

You can use the affidavit on the next business day. Day 40 is the minimum; there's no maximum time limit.

Is the $184,500 limit per person or per account?

Per estate. You add up ALL assets in the entire estate to determine if you're under the threshold.

Do life insurance proceeds count toward the $184,500 limit?

No, if there is a named beneficiary. Life insurance with a designated beneficiary passes directly to that person and is not part of the probate estate.

Can creditors still make claims if we use small estate affidavit?

Yes. Creditors can pursue claims against the person who collected the assets, up to the amount collected. This is why thorough debt investigation is critical.

When Small Estate Affidavit Is Not Enough

Even if your estate qualifies for small estate affidavit procedures, there are situations where formal probate is preferable:

Consider formal probate if:

• Family disputes exist
• Will validity is questionable
• Complex debts require court supervision
• You want court approval and protection from liability
• Assets include business interests
• Real property exceeds small estate threshold
• You need Letters Testamentary for certain transactions

Formal probate costs more and takes longer, but provides court supervision, creditor protection, and defense against future challenges.

Related Articles

Learn more about California probate alternatives:

• How Much Does Probate Cost in California? - See what you're avoiding by using small estate affidavit ($20,000-$100,000+ savings).

• How Long Does Probate Take in California? - Compare 40-day small estate timeline to 12-18 month formal probate.

• How to Avoid Probate in California - 7 strategies including small estate procedures and living trusts.

• Spousal Property Petition California - Another simplified procedure for surviving spouses.

• Died Without Will California - Small estate affidavit works for intestate estates too.

Get Help with Small Estate Affidavit

While California's small estate procedures are designed to be accessible without extensive legal help, a brief consultation with an experienced attorney can save you from costly mistakes and ensure you're using the right procedure for your situation.

Call (818) 291-6217 to schedule a consultation at my Glendale office, or complete our probate questionnaire to get started.

As a California probate attorney, I help families determine whether small estate procedures are appropriate, prepare bulletproof affidavits, navigate problems with institutions, and protect against personal liability.

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California estate planning and probate attorney serving Glendale, Burbank, Pasadena, and throughout Los Angeles County. With extensive experience in both small estate procedures and formal probate, Rozsa helps families choose the most efficient and cost-effective method for estate administration.

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Disclaimer: This article provides general information about California small estate affidavits and should not be construed as legal advice. Every situation is unique. California laws and threshold amounts change regularly, and this article reflects laws in effect as of January 2025. Consult with a qualified California probate attorney about your specific circumstances.