Bank, brokerage, retirement under $208,850

A Small Estate Affidavit lets the people entitled to inherit collect a deceased person's personal property — bank accounts, brokerage and securities, final paychecks, and similar assets — without probate and without a court hearing (Probate Code §13100). When it fits, it is the fastest, cheapest way to release those assets.

But "a simple affidavit" is misleading. There is one statutory affidavit or declaration, yet no single place to file it. You present it, with a certified death certificate, separately to every institution holding an asset — and each bank, brokerage, transfer agent and employer has its own forms, its own signature and notary rules, and its own timeline. A small-estate affidavit isn't one task; it's a per-institution chase. Here is the whole thing.

A small-estate affidavit means one presentation to every institution that holds an asset

It is rarely just signing one page. A complete small-estate matter typically includes:

• The 40-day wait. The affidavit cannot be used until 40 days after the date of death. The clock runs from death itself — not from when you find the accounts — so starting late only pushes the date back.
• The value check. The gross value of the decedent's real and personal property in California must be at or under $208,850 for deaths on or after April 1, 2025. Trust, joint-tenancy, payable-on-death and certain other assets are not counted (§13050), so the total has to be calculated carefully. Real property counts toward the limit even though this affidavit cannot transfer it. No probate can be pending, unless the personal representative consents in writing.
• The §13100 affidavit or declaration. A statement under penalty of perjury naming the successors and listing each asset, with a certified death certificate attached (§13101(d)) and, for deaths on or after April 1, 2022, the published list of adjusted dollar amounts (§13101(f)).
• Certified death certificates. You'll usually need several certified copies — most institutions keep theirs — so one per holder is a safe assumption.
• A separate presentation to each holder. The signed affidavit plus a certified death certificate go to every bank, brokerage, transfer agent and employer holding an asset. Each one has its own forms, identification and notary requirements, and processing timeline.
• Medallion signature guarantees. Some holders — especially securities and transfer agents — ask for a medallion signature guarantee and extra transfer paperwork before they'll release anything.
• Collecting the property. A holder that receives a compliant affidavit must deliver the property directly to the successors (§13105) — one release at a time, on each institution's schedule.

Remember what this route can't do: it does not transfer real estate. Real property can use a separate court-filed affidavit (§13200) when all of it together is worth $69,625 or less (deaths on or after April 1, 2025); a primary residence worth up to $750,000 (deaths on or after April 1, 2025) can use a succession petition (DE-310).

Most delays come from the institutions, because there is no single filing

It isn't the affidavit that's hard — it's that there's no single filing. People expect one form and one office; instead they face a separate presentation to each institution, each with different rules.

The wait trips people up first: they begin late and discover the 40 days run from the date of death. Then comes the value calculation — what counts toward the limit and what doesn't — and the scramble for enough certified death certificates. The biggest surprise is the medallion signature guarantee a brokerage asks for when a notarized affidavit was supposed to be enough. And once you're presenting to five different holders, you're chasing institutions that lose paperwork or apply their own requirements — with no single timeline and no warning when one stalls. Many filers only realize partway through that the house can't go this route at all.

A registered LDA prepares the affidavit and the per-institution packets at your direction

Our screener shows the published limit for your date of death next to the values you enter, so you can decide whether this route fits. At your direction we prepare the §13100 affidavit or declaration. A registered California Legal Document Assistant tells you how many certified death certificates to order, lists every institution you identify and what each one asks for — including which holders ask for a medallion signature guarantee — and prepares the presentation packets so each release can go through cleanly. An LDA is not a lawyer and does not give legal advice; if your situation needs one, your LDA will tell you.

You get one flat fee and a guided process instead of a string of separate institution chases you didn't know were coming. You can do it yourself; most people simply don't want to discover the brokerage's extra rules the hard way, one holder at a time.

How it works

1. Wait 40 daysThe §13100 affidavit can't be used until 40 days have passed since the date of death. The clock starts at death, not at when you find the accounts.
2. Compare the estate's value with the published limitThe limit measures the gross value of the decedent's real and personal property in California, not counting trust, joint-tenancy, payable-on-death and other excluded assets (Probate Code §13050). For deaths on or after April 1, 2025, it is $208,850. No probate can be pending unless the personal representative consents in writing. Our screener shows the figure for your date of death next to your totals, so you can decide whether this route fits.
3. We prepare the §13100 affidavit or declarationAt your direction we prepare the affidavit — or a declaration under penalty of perjury, which the statute also allows — naming the successors and listing each asset. A certified copy of the death certificate is attached (§13101(d)), and for deaths on or after April 1, 2022, so is the published list of adjusted dollar amounts (§13101(f)).
4. Get certified death certificatesYou order certified copies of the death certificate — usually several, because most institutions keep their copy. We tell you how many to expect to need.
5. Present it to each institutionThe signed affidavit or declaration and a certified death certificate are presented to every bank, brokerage, transfer agent or employer holding an asset. Each has its own forms, timeline, and identification rules — many ask for notarization or a medallion signature guarantee.
6. Collect the assetsEach holder releases the funds or property directly to the successors. There is no court hearing and no judge — but there is one release per institution.