How to Fill Out a California Small Estate Affidavit (Probate Code 13100)

A California small estate affidavit lets you collect a deceased person’s bank accounts, brokerage holdings, unpaid wages, and other personal property without opening probate. You sign a sworn statement that meets Probate Code Section 13101, attach a certified death certificate, and hand it to whoever holds the asset. The shortcut is available when the qualifying value of the decedent’s California property sits at or below $208,850 for deaths on or after April 1, 2025.1California Courts. Check if You Can Use a Simple Process to Transfer Property No court filing is needed for personal property, and most transfers finish within a few weeks.

Three Eligibility Requirements

Before you sign anything, confirm all three of these are true:

What controls is the date of death, not the date you collect. Someone who died March 15, 2025 falls under the $184,500 ceiling even if the affidavit is presented later in the year.

What Counts Toward the Value Limit

Plenty of assets that look like part of the estate are stripped out before you compare the total to the cap. Under Probate Code Section 13050, these categories do not count:5California Legislative Information. California Probate Code 13050

  • Joint tenancy property, which passes automatically to the surviving joint tenant.
  • Assets held in a revocable living trust.
  • Multi-party bank accounts, pay-on-death accounts, and transfer-on-death accounts, to the extent the funds pass to a surviving party or named beneficiary.
  • Registered vehicles, off-highway vehicles, and numbered vessels, which transfer through the DMV.
  • Manufactured homes, mobilehomes, commercial coaches, truck campers, and floating homes.
  • Amounts owed to the decedent for service in the Armed Forces.
  • Salary, other compensation, or unused vacation owed by any employer, up to $16,625 (subject to periodic CPI adjustment).

Property passing to a surviving spouse under community property rules (Probate Code Section 13500) is also excluded. Add up what remains after these carve-outs; if the total is $208,850 or less, you qualify.

Who Can Sign as Successor

Only a “successor of the decedent” can present the affidavit. If there is a will, the successor is the beneficiary who inherits the specific item of property you are trying to collect. If there is no will, the successor is whoever inherits that property under California’s intestate succession rules, typically a surviving spouse, children, or other close relatives.6Justia. California Probate Code 13000-13007 When more than one person has equal rights to a particular asset, all of them must sign.

Where the Form Comes From

There is no single Judicial Council form for this affidavit. Ask the institution holding the asset first. Banks, brokerages, and insurance companies often have their own version and will insist you use it.7California Courts. Small Estate Affidavit to Transfer Personal Property If the holder does not supply one, your county’s court self-help center or law library can provide a template. Whatever version you use, the contents must satisfy Probate Code Section 13101, so check it against the required statements below before you sign.

What the Affidavit Must Say

Section 13101 lists eleven statements every small estate affidavit or declaration must include:3California Legislative Information. California Probate Code 13101

  1. The decedent’s full legal name, exactly as it appears on the accounts or property records.
  2. The date and place of death.
  3. A statement that at least 40 days have passed since the death, supported by the attached certified death certificate.
  4. A statement that no probate proceeding is pending or has been conducted in California, or that the personal representative has consented in writing (with the consent attached).
  5. A statement that the gross fair market value of the decedent’s California real and personal property, excluding the Section 13050 categories, does not exceed $208,850 (or the threshold in effect at the date of death).
  6. A specific description of each asset you are claiming: bank name and account number, brokerage account details, or a description of tangible items.
  7. Your full legal name and your relationship to the property, as a beneficiary under the will or as an heir under intestate succession.
  8. A statement that you are the successor to the decedent’s interest in the described property, or that you are authorized to act on the successor’s behalf.
  9. A statement that no other person has a superior right to the decedent’s interest in the property.
  10. A request that the property be paid, delivered, or transferred to you.
  11. A declaration that everything in the affidavit is true and correct, made under penalty of perjury under California law.

The “no superior right” statement is the one people most often get wrong. If someone else has a stronger claim, whether a beneficiary named in the will for that specific asset or a higher-priority heir under intestate law, you cannot truthfully sign. When multiple people share equal rights to the asset, every one of them must sign.

Documents to Attach

Every affidavit needs a certified copy of the death certificate attached.3California Legislative Information. California Probate Code 13101 You can order certified copies from the California Department of Public Health at $26 per copy, or from the county recorder’s office where the death occurred.8California Department of Public Health. Vital Records Fees Order two or three; each institution holding assets will want its own.

If the decedent owned real property in California, you also need an Inventory and Appraisal on Judicial Council Form DE-160, signed by a court-appointed probate referee. Contact the probate department at your local Superior Court to be assigned a referee.7California Courts. Small Estate Affidavit to Transfer Personal Property The referee’s fee is set by statute at one-tenth of one percent of the appraised value, with a minimum of $75 and a maximum of $10,000.9Justia. California Probate Code 8961-8963 – Commission and Expenses of Probate Referee If there is no real property, no DE-160 is required; the affidavit and death certificate cover personal property claims. If the claim is based on a will, attach a copy of the will.

Notarization or Declaration

California gives you two ways to execute the document: a traditional notarized affidavit, or a declaration signed under penalty of perjury. A declaration does not need a notary. You include the statutory language affirming the contents are true and correct under California law, then sign and date.3California Legislative Information. California Probate Code 13101

Many banks and brokerages insist on notarization anyway. Call the institution before you sign and ask which they accept. California notaries can charge up to $15 per signature.10California Secretary of State. California Notary Public Handbook The notary verifies your identity and witnesses the signature; they do not vouch for the truth of what you signed.

Presenting It to the Asset Holder

Deliver the original affidavit and all attachments to the person or institution holding the property. For a bank account, that means the branch or the estate services department. For stock held through a transfer agent, contact the agent for their submission address and any extra forms.

Once you have satisfied every requirement, the holder is legally required to pay, deliver, or transfer the property to you.11California Legislative Information. California Probate Code 13105 In return, the holder is protected: they can rely in good faith on your statements and are discharged from further liability after releasing the assets.12California Legislative Information. California Probate Code 13106

If the Institution Refuses

Front-line staff sometimes do not know the procedure. If you have met every requirement and the property is not released, ask for a supervisor and point them to Probate Code Sections 13100 through 13106. If that fails, you can file a lawsuit to compel the transfer. If the court finds the holder acted unreasonably, the institution must pay your attorney’s fees.11California Legislative Information. California Probate Code 13105 Most refusals resolve once the holder’s legal team reviews the affidavit.

Your Liability for the Decedent’s Debts

Collecting property through the affidavit does not erase the decedent’s debts. You become personally liable for the decedent’s unsecured debts, but only up to the fair market value of what you received, minus any liens.13California Legislative Information. California Probate Code 13109 A creditor can pursue you in the same way they could have pursued the decedent, and you can raise any defense the decedent would have had, including statutes of limitation. Collect $30,000 from a bank account, and your exposure to $80,000 in credit card debt tops out at $30,000. Check for known creditors before you sign; a surprise afterward is harder to handle.

Real Estate Uses a Different Procedure

The Section 13100 affidavit covers personal property only. For California real estate, you cannot transfer title with an affidavit alone. Instead, you file a petition with the Superior Court under Probate Code Sections 13150 through 13158. Effective April 1, 2025, that petition is available when the decedent’s primary California home is worth less than $750,000, a limit raised by Assembly Bill 2016. The petition requires an Inventory and Appraisal signed by a probate referee, a court hearing with notice to interested parties, and a copy of the will if the claim rests on one.1California Courts. Check if You Can Use a Simple Process to Transfer Property

What It Costs

For a straightforward estate with one bank account and no real property, the total often runs under $100. Full California probate typically costs thousands in filing fees and attorney charges, which is why the affidavit route is worth using whenever the numbers fit.