Small Estate Affidavit California: How to Skip Probate (2026 Limits)

One of the most important decisions in any probate intake is whether a court case is required at all. In California, many estates can be administered without probate using the small estate affidavit procedure—but only if the statutory requirements are met precisely.

Attorneys who understand this process save clients time and expense. Attorneys who do not often open probates unnecessarily or give incorrect advice that later has to be unwound.

What Is a Small Estate Affidavit?

A small estate affidavit allows a successor to collect certain assets of a decedent without opening a formal probate case. Instead of court supervision, the successor presents an affidavit directly to the institution holding the asset.

California Small Estate Limit (2026)

As of 2025 and continuing into 2026, the California small estate limit is:

This limit applies only to qualifying personal property. Many assets are excluded entirely from the calculation.

Assets That Count Toward the $184,500 Threshold

Included

• Bank accounts in the decedent's individual name
• Investment accounts without beneficiaries
• Personal property

Excluded

• Trust assets
• Life insurance proceeds
• Retirement accounts with beneficiaries
• Vehicles (transferred via DMV procedure)
• Real property (separate procedure)

Real Property Exception (Separate Procedure)

Real property is not transferred using the standard small estate affidavit. California provides a separate procedure for real property valued under $184,500 using an Affidavit Re Real Property of Small Value (Form DE-305).

Who Can Use a Small Estate Affidavit?

The affidavit may be used by any successor entitled to the property, including heirs or beneficiaries under a will. Formal appointment by the court is not required.

40-Day Waiting Period

At least 40 days must pass from the date of death before a small estate affidavit may be used. There are no exceptions. Institutions will reject affidavits submitted earlier.

Step-by-Step Process

1. 1. Confirm the estate qualifies under the $184,500 limit
2. 2. Identify the proper successor
3. 3. Wait 40 days from death
4. 4. Prepare the affidavit (Form DE-310)
5. 5. Attach required documents (death certificate, will if any)
6. 6. Present to the institution holding the asset

Forms Required

• DE-310 – Affidavit for Collection of Personal Property
• DE-305 – Affidavit Re Real Property of Small Value (for real property under $184,500)

When the Small Estate Affidavit Will Not Work

• Estate exceeds $184,500 in qualifying assets
• Real property exceeds the threshold
• Contested claims or disputes exist
• Probate case already opened
• Less than 40 days since death

Small Estate vs Full Probate Comparison

When Probate Is Still Required

If the estate exceeds these limits or includes assets that cannot be transferred by affidavit, full probate is required. Use our calculator to estimate statutory fees before advising your client.