California Form DE-300 is a one-page reference chart published by the Judicial Council of California that lists the maximum dollar values an estate can hold and still qualify for one of the state’s simplified alternatives to full probate. It is not something you file. You consult it before deciding which shortcut procedure, if any, fits the estate you’re handling.1California Courts. Maximum Values For Small Estate Set-Aside and Disposition of Estate Without Administration (DE-300)
The chart covers two families of procedures: a small estate set-aside for a surviving spouse or minor children, and several ways to transfer specific property (personal property, a primary residence, or other real property of small value) without opening estate administration. Each row on the chart is a different threshold tied to a different Probate Code section.
The Current Dollar Limits
The version of DE-300 in effect right now applies to deaths on or after April 1, 2025, and holds until the next scheduled update on April 1, 2028.2Judicial Council of California. Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration (DE-300)
- Small estate set-aside under Probate Code sections 6602 and 6609: net estate value of $107,900 or less, after subtracting liens, encumbrances, and any probate homestead already set apart under section 6520.
- Personal property collected by affidavit under sections 13100 and 13101: gross value of the decedent’s California real and personal property of $208,850 or less.
- Primary residence transferred by court petition under sections 13151 through 13154: gross value of the residence of $750,000 or less.
- Real property of small value by affidavit under section 13200: gross value of all the decedent’s California real property of $69,625 or less.
- Salary or compensation owed to the decedent, excluded under section 13050(c): up to $20,875 is left out when totaling the estate for the personal property affidavit.
- Compensation owed to a deceased spouse under sections 13600 and 13601: a surviving spouse can collect up to $20,875 in net salary from one or more employers without administration. The cap does not apply if the decedent was a firefighter or peace officer described in Government Code section 22820(a).
Using the Chart to Pick a Procedure
Start with what the successor actually needs to move: a bank account, a paycheck, a house, land, or the whole estate.
For cash, bank accounts, vehicles, brokerage assets, and personal belongings, the section 13100 affidavit is the usual route when the gross California estate is $208,850 or less. At least 40 days must have passed since the death, and a certified death certificate has to be attached. The affidavit is presented directly to the person or institution holding the property, not to a court. When totaling the estate for this limit, exclude up to $20,875 in wages owed to the decedent and any real property that is the subject of a section 13151 petition.3California Legislative Information. California Probate Code 13100
For the decedent’s home, the section 13151 petition applies when the primary residence is worth $750,000 or less. It runs through the superior court on Judicial Council Form DE-310, and, like the personal property affidavit, it can be filed once 40 days have passed. The procedure is limited to a primary residence; rentals and vacation homes do not qualify.4California Legislative Information. California Probate Code 13151
For other California real property, or for total California real property valued at $69,625 or less, the section 13200 affidavit is the right tool. The waiting period is longer here: at least six months after the death. The completed affidavit uses Form DE-305 and requires an inventory and appraisal by a probate referee.5California Legislative Information. California Probate Code 13200
If the whole net estate is $107,900 or less and there is a surviving spouse or minor child, the small estate set-aside lets a court order the entire estate distributed to the family without formal administration. The petition can come from an executor named in the will, the surviving spouse, the guardian of a minor child, a minor child of the decedent, or an already-appointed personal representative.6Justia Law. California Probate Code Chapter 6 – Small Estate Set-Aside
Unpaid wages of a deceased spouse have their own shortcut. A surviving spouse can collect up to $20,875 in net salary directly from the decedent’s employer or employers under sections 13600 and 13601, without any court involvement. The cap is lifted for firefighters and peace officers described in Government Code section 22820(a).
Which Version of the Chart Applies to Your Case
The controlling date is the date of death, not the date you file. The thresholds listed above govern deaths on or after April 1, 2025. Someone who died on March 30, 2025 falls under the earlier set of numbers, even if the affidavit or petition is presented months later. DE-300 prints the older thresholds alongside the current ones so you can look up the right row for any given date of death.
The limits are adjusted every three years by the Judicial Council under Probate Code section 890, based on changes in the Consumer Price Index for All Urban Consumers.7California Legislative Information. California Probate Code 890 The next scheduled adjustment falls on April 1, 2028.
Where to Get the Form
DE-300 is available as a free PDF from the California Courts website, and printed copies can be picked up at any California Superior Court clerk’s office. Because it is a reference chart and not a filing, there is no fee for the form itself. Any costs come with the petition or affidavit you file under one of the procedures the chart points you to.1California Courts. Maximum Values For Small Estate Set-Aside and Disposition of Estate Without Administration (DE-300)