California Small Estate Affidavit

A Simple Way to Settle a Modest Estate Without Probate

When a loved one passes away, probate is not always required. California law provides a Small Estate Affidavit process that allows heirs to collect certain assets without opening a probate case, as long as the estate meets specific requirements.


At Clavel Law, we help families across Southern California determine whether an estate qualifies and guide them through this streamlined process to avoid unnecessary court involvement.

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When This Process Can Be Used in California

California allows heirs to use a Small Estate Affidavit when the total value of the decedent’s probate assets falls below the state’s small-estate threshold. As of recent updates, this generally means:

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Personal property valued under approximately $208,850

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Assets such as bank accounts, vehicles, and other personal property

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No real property requiring full probate

Importantly, certain assets are not counted toward the limit, including:

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Assets held in a trust

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Jointly owned property

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Accounts with named beneficiaries

Because eligibility depends on how the estate value is calculated, legal review is often helpful to confirm qualification.

Using a Small Estate Affidavit to Transfer Assets

The Small Estate Affidavit process is designed to avoid court entirely. In most cases, it works as follows:

Wait at least 40 days after the date of death

Prepare a notarized Small Estate Affidavit signed by the entitled heir(s)

Attach required documents, including a death certificate

Present the affidavit to the bank or institution holding the assets

Receive the assets once the institution verifies the paperwork

No probate petition is filed, and no court hearing is required.

Understanding the Scope of a Small Estate Affidavit

A Small Estate Affidavit is typically used for personal property only, such as bank accounts or vehicles. If the estate includes real estate, a different legal procedure may be required — even if the property value is modest.


In those situations, heirs may need to use a court filing instead.

Learn About Small Estate Real Property Options

Why Families Prefer This Option When Available

When an estate qualifies, a Small Estate Affidavit can:

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Avoid probate entirely

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Eliminate court costs and filing fees

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Speed up asset distribution

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Reduce stress for grieving families

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Keep the process private and straightforward

For many heirs, this is the fastest and least burdensome way to settle an estate.

Avoiding Costly Mistakes and Rejections

Although the Small Estate Affidavit is simpler than probate, mistakes can still cause problems. Financial institutions may reject affidavits if they are incomplete, improperly calculated, or signed without full heir agreement.



Clavel Law assists by:

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Verifying whether the estate truly qualifies

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Accurately calculating estate value

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Preparing compliant affidavits and supporting documents

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Advising on heir rights and responsibilities

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Preventing delays caused by rejected paperwork

Our goal is to make sure the process works smoothly the first time.

Common Questions About California Small Estate Affidavits

  • What is the California small estate limit for avoiding probate?

    The limit applies to the value of probate personal property and is periodically adjusted. A consultation can confirm whether your estate falls below the current threshold.

  • How do I use a small estate affidavit in California?

    After waiting 40 days, eligible heirs complete a notarized affidavit and present it with a death certificate to the institution holding the assets.

  • Do I need a lawyer or notary?

    The affidavit must be notarized. While a lawyer is not required, legal guidance helps ensure eligibility and acceptance.

  • What if heirs disagree?

    If all entitled parties do not agree, the Small Estate Affidavit may not be appropriate and probate or another court procedure may be required.

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Not Sure If the Estate Qualifies?

We help families across Southern California quickly determine whether a Small Estate Affidavit can be used — and what steps come next if it cannot. Schedule a free consultation to review your situation and move forward with confidence.