How Do You Collect Personal Property With a California Small-Estate Affidavit?
For deaths on or after April 1, 2025, a successor can collect bank accounts, stocks, and other personal property worth $208,850 or less with a sworn affidavit given to the holder. No court filing is stated for this procedure, and it cannot transfer a house or land.
The California small-estate affidavit in one table
| Question | California rule |
|---|---|
| What it does | A successor collects a decedent's personal property, such as money in a bank account or stocks, by giving a sworn affidavit to the person, company, or financial institution holding the property. No court filing is stated for this procedure. |
| What it cannot do | It cannot transfer real property: no house, building, or land. Real property uses a different process, the affidavit re real property of small value on form DE-305, or the section 13151 primary-residence petition. |
| Waiting period | At least 40 days must have passed since the decedent died. |
| Value test | The gross value of the decedent's real and personal property in California, excluding property described in Probate Code section 13050 and any property included in a petition filed under Probate Code section 13151, must not exceed the death-date limit in the table below. |
| No-probate gate | No formal probate case about the estate may already be opened in California. If there is one, written permission from the personal representative is required. |
| Form | No statewide Judicial Council form number for this affidavit is named on the primary sources opened. The holder's own affidavit form is preferred, since many institutions have their own and will want their version. Otherwise use a local court's Self-Help Center sample or a law-library sample. One affidavit may list all property, or one affidavit per item. |
| Fee | No fee figure is stated on the primary sources opened. |
The dollar limits (personal property, Probate Code sections 13100 to 13101)
| Death date | Limit |
|---|---|
| Death before April 1, 2022 | $166,250 |
| Death April 1, 2022 to March 31, 2025 | $184,500 |
| Death on or after April 1, 2025 | $208,850 |
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.
A stale figure to watch for
The California Courts small-estate page still states $184,500 or less for deaths on or after April 1, 2022, and does not state the April 1, 2025 update. The governing figure for deaths on or after April 1, 2025 is $208,850 per form DE-300. Use the DE-300 table, not the small-estate page figure alone, and attach form DE-300 for deaths on or after April 1, 2022.
The process, step by step
- Confirm the death-date band and the governing limit. Use DE-300 and the simple-transfer table: $166,250, $184,500, or $208,850 by death date.
- Confirm the value test. Add the gross value of the decedent's California real and personal property, excluding property described in section 13050 and any property in a section 13151 petition. The total must not exceed the applicable limit.
- Wait until at least 40 days have passed since the death.
- Confirm no formal probate case is open in California, or obtain the personal representative's written permission.
- Gather the attachments. A certified copy of the death certificate, proof the decedent owned the property (for example a bank statement, storage receipt, or stock certificate), and proof of the affiant's identity (for example a driver's license or passport). If the decedent owned California real property, attach an Inventory and Appraisal on form DE-160 signed by a probate referee. Attach form DE-300 if the death was on or after April 1, 2022.
- Ask the holder if it has its own affidavit form. If not, use a Self-Help Center or law-library sample.
- Complete the affidavit, have all other people entitled to inherit the property sign it, and notarize before use if the holder asks. Notarization is not legally required for this affidavit, but many institutions ask for it.
- Give the affidavit to the holder. If the holder demands Letters, escalate to its manager or legal department and cite Probate Code sections 13100 to 13106.
The other two small-estate procedures
Real property of small value uses the court-filed affidavit on form DE-305: see California Real Property of Small Value Affidavit, Form DE-305. 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 statutory text of Probate Code sections 13100 to 13106 is not quoted here; the California Legislative Information chapter page could not be opened for this guide. The section 13050 excluded-property list is not enumerated here. No fee figure is stated.
Source
- California Courts Self-Help Guide, Small estate affidavit
- California Courts Self-Help Guide, When formal probate may not be needed
- Judicial Council Form DE-300, Rev. April 28, 2025
- Judicial Council Form DE-300, form information page
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.
Keep Exploring
Use the Workflow Library to browse more guides, comparisons, and integration examples to continue your evaluation.
See the solutions, comparisons, and integration guides collected in one place.
Review grounded audit, compare, fix-plan, and report excerpts before you wire the API into anything.
Jump from the workflow page into the quickstart, endpoint guides, and full OpenAPI reference.