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 declaration, yet no single place to file it. You present the affidavit, 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.

Everything a small-estate affidavit actually involves

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 qualifying-value check. The estate's qualifying personal property must be at or under the limit — $208,850 for deaths on or after April 1, 2025. The figure is adjusted every three years, and some property doesn't count toward it, so the total has to be calculated correctly. No probate can be pending.
• The §13100 declaration. A sworn statement identifying the successors entitled to inherit and itemizing each asset. It has to satisfy the statute and each holder's own requirements.
• 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 notarized affidavit plus a certified death certificate go to every bank, brokerage, transfer agent and employer holding an asset. Each one has its own forms, signature/notary requirements, and processing timeline.
• Medallion signature guarantees. Some holders — especially securities and transfer agents — require a medallion signature guarantee and extra transfer paperwork before they'll release anything.
• Collecting the property. Each holder releases the funds or property directly to the successors — 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 of small value uses a separate court-filed affidavit (§13200); a home worth up to $750,000 uses a succession petition (DE-310).

Where do-it-yourself filers get stuck

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 demands 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.

How ProbateClear and your LDA handle it

We confirm the estate qualifies, calculate the value against the current limit, and prepare the §13100 declaration correctly the first time. A licensed Legal Document Assistant tells you how many certified death certificates to order, identifies every institution holding an asset and what each one requires — including which holders demand a medallion signature guarantee — and prepares the presentation so each release goes through cleanly.

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. We confirm it qualifiesWe total the estate's qualifying personal property — bank accounts, brokerage and securities, final paychecks and similar — to confirm it's at or under the current limit, and that no probate is pending. The screener confirms the figure that applies to your death date.
3. We prepare the §13100 declarationWe draft the sworn declaration identifying the successors entitled to inherit and itemizing each asset, so it satisfies the statute and the holders' own requirements.
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 notarized affidavit and a certified death certificate are presented to every bank, brokerage, transfer agent or employer holding an asset — each with its own forms, signature and notary or medallion rules, and timeline.
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.