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California Probate Code

Probate Code Section 13100: Small Estate Affidavit

Probate Code 13100 allows heirs to collect small estates (under $184,500) without probate using a simple affidavit.

1 Related Forms
3 Related Sections
2 Key Deadlines

In This Guide

Plain English Explanation

California allows you to skip probate entirely for small estates. If the total value of all property (excluding certain items like joint accounts and life insurance) is $184,500 or less, you can collect the assets using just a signed affidavit after waiting 40 days from the date of death. You present the affidavit to banks, brokerages, or whoever holds the assets, and they must release them to you.

Key Points to Remember

Threshold is $184,500 (as of 2024, adjusted for inflation)
Must wait 40 days after death before using the affidavit
Certain property is excluded from the calculation (joint accounts, life insurance, retirement accounts with beneficiaries)
Real property worth $184,500 or less can use a simplified process (Section 13200)
The affidavit must include specific declarations required by law
Anyone who relies on the affidavit is protected from liability

Full Statutory Text

(a) Excluding the property described in Section 13050, if the gross value of the decedent's real and personal property in this state does not exceed one hundred eighty-four thousand five hundred dollars ($184,500) and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will, do any of the following:
(1) Collect any particular item of property of the decedent.
(2) Receive any particular item of property of the decedent.
(3) Have any evidences of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred.

California Probate Code Section 13100

Practical Application

Before assuming you need full probate, calculate whether the estate qualifies for small estate procedures. Many estates - especially those of older individuals with most assets in retirement accounts and life insurance - may fall under the threshold. The savings in time and cost can be substantial.

Important Deadlines

  • Wait 40 days after death before using affidavit
  • No deadline to use the affidavit (but act reasonably)

Practical Tips

  • Always check the current threshold - it adjusts for inflation every few years
  • Calculate carefully what's included vs. excluded
  • Wait the full 40 days - institutions will reject affidavits submitted early
  • Keep a copy of the affidavit and proof of your relationship/right to inherit
  • If close to the threshold, consider whether full probate might be safer

Frequently Asked Questions

What's included in the $184,500 calculation?

Most assets in the decedent's name alone. Excluded: property held in joint tenancy, life insurance payable to named beneficiaries, retirement accounts with beneficiary designations, property in a trust, and payable-on-death accounts.

Can I use a small estate affidavit for real property?

Yes, but there's a separate procedure (Probate Code 13200) that requires filing with the court. The real property must not exceed the threshold, and you file an affidavit plus a certified death certificate.

What if multiple people are entitled to the estate?

All successors (people entitled to the property) should be listed in the affidavit, and all should sign. You'll need to distribute the property according to the will or intestacy laws.

Can a creditor challenge the affidavit?

Yes. Anyone who uses the affidavit is personally liable to creditors and others with superior rights. However, banks and institutions that release assets based on the affidavit are protected.

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Browse All Probate Code Sections

Section 10810
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Section 8461
Administrator Priority
Section 9052
Creditor Claims Period
Section 8800
Independent Administration
Section 6401
Spouse Intestate Share
Section 13100
Small Estate Affidavit
Section 850
Heggstad Petitions