Small Estate Affidavit Preparation in California

For a death on or after April 1, 2025, the gross value of the person's California property must not exceed $208,850. It was $184,500 for deaths from April 2022 through March 2025, and the next adjustment is April 1, 2028. Form DE-300 lists the figures.

The court says 40 days must have passed since the death. The affidavit for collecting personal property cannot be used for real property such as a house, building, or land. We prepare it from your details and cannot decide whether you are eligible.

No, the court says it is given to the holder of the property, not filed with the court. Other heirs entitled to inherit must also sign. Notarization is not legally required, though many banks and institutions ask for it.

The court says property held in a trust, including a living trust, is not counted toward the small estate limit. A named trust beneficiary may be able to transfer the property without going to probate court. We cannot advise on your trust.

The court says the small estate affidavit cannot transfer real property. It points to other routes, such as a petition to determine succession to a primary residence. We can prepare the forms you direct. Which route applies is your decision.