California Small Estate Affidavit Explained

For smaller estates, California offers a real, if periodically adjusted, alternative to full probate.

What is the current small estate affidavit threshold in California?

California’s small estate affidavit is available for estates with personal property valued at $208,850 or less, effective April 1, 2025 under Probate Code §13100. This is an increase from the prior $184,500 figure - California adjusts this threshold periodically for inflation, so it’s genuinely worth confirming the current number for any estate close to the line rather than relying on a figure you’ve seen elsewhere, including this one, without checking.

Does this cover real property too?

The personal property affidavit does not transfer real estate, but California has related, separate procedures for it. The Judicial Council’s list of adjusted amounts shows an affidavit for real property of small value (Probate Code section 13200) with a limit of $69,625 for deaths on or after April 1, 2025, and a limit of $750,000 for a petition to determine succession to real property for deaths on or after that date (sections 13151, 13152, and 13154, which AB 2016 changed). One legal summary says the $750,000 petition applies only to a decedent’s primary residence. An attorney can confirm which process, or combination of processes, fits a specific estate.

Is there a waiting period?

The personal property affidavit can be used once at least 40 days have passed since the death, according to a legal summary of Probate Code section 13101. The dollar limit depends on the date of death: $208,850 for deaths on or after April 1, 2025, $184,500 for deaths from April 1, 2022 through March 31, 2025, and $166,250 for earlier deaths. For deaths on or after April 1, 2022, the Judicial Council’s form DE-300, which lists the maximum values, must be attached to the affidavit. The amounts are adjusted every three years, and the next adjustment is scheduled for April 1, 2028.

What should I do next?

Confirm the current threshold directly with the local probate court or an attorney rather than relying on any figure you’ve seen previously, since it adjusts periodically. If real property is part of the estate, ask specifically about the separate real-property process.

Add this to your Final Day Plan: a rough total of your personal property’s value - given how often this threshold adjusts, a current estimate is more useful to your family than an exact number that may be outdated by the time it’s needed.

California law changes periodically, including this specific dollar threshold, which is adjusted for inflation over time. This is general educational information, not legal advice - confirm current requirements directly with a California-licensed attorney or the local probate court.