How Do You Transfer California Real Property of Small Value With Form DE-305?

The real-property affidavit in one table

The dollar limits (real property of small value, Probate Code section 13200)

The limit is set by Judicial Council form DE-300, revised April 28, 2025, and the California Courts simple-transfer limits table. The next adjustment is April 1, 2028, unless a new law changes it earlier.

The form revision and the printed figure

Form DE-305 was revised April 1, 2022 to reference $61,500, and the California Courts forms index lists a further revision effective January 1, 2026. The item wording in this guide follows the April 1, 2022 revision opened for this guide; the current revision text was not opened. The dollar limit is governed by form DE-300, not by the figure printed on an older form: for deaths on or after April 1, 2025 the limit is $69,625. Use the current form from the court, attach DE-300, and check the item list against the current form before filing.

What the affidavit states

The affidavit states 10 items: the decedent's name; the date and place of death; the legal description plus the decedent's interest in the particular item of real property; the name and address of each guardian or conservator of the estate at death, so far as known; the gross value of all real property in the estate located in California, as shown by the attached inventory and appraisal and excluding section 13050 property, not exceeding the applicable amount; and the remaining statements on the current form, including that funeral expenses, expenses of the last illness, and all known unsecured debts have been paid, and that no proceeding is being or has been conducted in California for administration of the estate. Copy the legal description and Assessor's Parcel Number exactly from the deed or other legal instrument.

The process, step by step

1. Wait until at least 6 months have passed since the death. Confirm the death-date limit on DE-300.
2. Confirm the property is one particular item of California real property, and that the gross value of all California real property in the estate, excluding section 13050 property and per the referee appraisal, does not exceed the limit.
3. Obtain an inventory and appraisal on DE-160 and DE-161 from a probate referee appointed by the State Controller for the county where the property is located, selected by the affiant.
4. Complete form DE-305, the current revision, with the statutory statements, the legal description and Assessor's Parcel Number copied exactly from the deed or other legal instrument, and the decedent's interest.
5. Attach the certified death certificate, the inventory and appraisal, and DE-300 for deaths on or after April 1, 2022. Attach a copy of the will if claiming under a will with no estate proceeding pending, and any personal-representative consent plus letters if applicable.
6. Have each person executing the affidavit sign before a notary. An acknowledgment is required for each signer.
7. File the affidavit in the superior court of the domicile county at death, or a property county if the decedent was not California-domiciled, and deliver a copy plus attachments per section 1215 to any guardian or conservator identified.
8. Obtain the clerk's certified copy and record it as the court directs.

The other two small-estate procedures

Personal property uses the give-to-the-holder affidavit: see California Small Estate Affidavit for Personal Property. A primary residence worth up to $750,000 uses a court petition: see California Petition to Determine Succession to a Primary Residence, Form DE-310.

What this guide does not state

The current January 1, 2026 revision of form DE-305 was not opened for this guide; item wording follows the April 1, 2022 revision. The text of Probate Code sections 13200 to 13203 was not re-opened for this guide. No fee figure is stated.

Source

• Judicial Council Form DE-300, Rev. April 28, 2025
• California Courts Self-Help Guide, When formal probate may not be needed
• Judicial Council Form DE-305, Rev. April 1, 2022, Fresno Superior Court copy

Facts verified 2026-10-29.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For advice about a specific estate, talk to a California probate attorney or the court self-help center.