Not every estate needs to go through California’s lengthy probate process. If the estate’s total value falls below a certain threshold, heirs can use a simplified alternative called a small estate affidavit, potentially saving months of court proceedings and thousands of dollars in fees.
What’s the Current Threshold?
The dollar limit adjusts periodically for inflation. For deaths occurring on or after April 1, 2025, an estate qualifies as “small” if its personal property totals $208,850 or less. This is up from $184,500 for deaths between April 2022 and March 2025, and $166,250 for deaths before that. Always confirm the exact figure that applied on the date of death, since it determines eligibility.
What Counts Toward the Limit
The threshold generally applies to personal property, cash, vehicles, bank accounts, and personal belongings. Real estate is handled somewhat differently, and California also offers a separate, related process for transferring a primary residence of modest value without full probate.
How the Small Estate Affidavit Process Works
Instead of filing a probate petition and waiting for court hearings, an authorized successor can:
- Wait the legally required period after the date of death (typically 40 days for personal property).
- Complete a small estate affidavit under Probate Code §13100, listing the assets and confirming eligibility.
- Present the affidavit, along with a certified death certificate, directly to banks, brokerages, or other institutions holding the assets.
- Collect the property without ever filing a case in probate court.
Who Can Use It
Generally, the affidavit is available to a decedent’s successor in interest, meaning the person entitled to inherit under a will or by intestate succession, after a waiting period from the date of death.
When You Still Need Full Probate
If the estate exceeds the threshold, or includes complicated assets like real property outside the simplified residence procedure, contested claims, or business interests, the small estate affidavit isn’t available and formal probate is required instead.
Not Sure Which Path Applies?
Estate valuation isn’t always as simple as adding up account balances, retirement accounts, jointly held property, and trust assets can all affect the calculation differently.
Michael Kerr can review the actual assets involved and confirm whether your family qualifies for this faster, lower-cost path.
