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Small Estate Affidavit Limits in California

In California, for deaths on or after April 1, 2025, a successor can collect property by affidavit 40 days after the death if the estate is worth $208,850 or less, and real property worth up to $69,625 can pass by a separate affidavit after six months.

Last checked . General information, not legal advice.

California at a glance

Maximum estate value
$208,850
Gross value of real and personal property in California for deaths on or after April 1, 2025; adjusted every three years, next on April 1, 2028.
Waiting period after death
40 days
The affidavit for real property of small value cannot be filed until six months after the death.
Real estate can pass
Yes, by separate affidavit
Real property up to $69,625 (deaths on or after April 1, 2025) by affidavit filed with the superior court; a primary residence up to $750,000 needs a court petition.

Sources

Last checked

The rules in California

What is the maximum estate value for a small estate affidavit in California?

Maximum estate value in California: $208,850. Gross value of real and personal property in California for deaths on or after April 1, 2025; adjusted every three years, next on April 1, 2028.

How long after the death must you wait to use a small estate affidavit in California?

Waiting period after death in California: 40 days. The affidavit for real property of small value cannot be filed until six months after the death.

Can real estate pass by small estate affidavit in California?

Yes, by separate affidavit. Real estate can pass in California: yes, by separate affidavit. Real property up to $69,625 (deaths on or after April 1, 2025) by affidavit filed with the superior court; a primary residence up to $750,000 needs a court petition.

Where do the California small estate affidavit limits come from?

The rules above come from Cal. Prob. Code 13100, Cal. Prob. Code 13200 and Cal. Prob. Code 890. Each source is linked on this page. We last checked them in October 2026.

Good to know

The dollar limits are adjusted for inflation under Probate Code section 890 and published on Judicial Council form DE-300.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.