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Procedure · Probate Code §13100

Small Estate Affidavit (California)

Transfer a deceased person's bank accounts, securities, and personal property — up to $239,700 — without opening probate.

Updated June 22, 2026Prepared & filed by a licensed LDA

If the estate's personal property is worth $239,700 or less (for deaths on or after April 1, 2026), the people entitled to inherit can collect those assets with a sworn affidavit — no court hearing, no attorney.

The affidavit is presented directly to the bank, brokerage, or other institution holding the asset. It does not transfer real estate.

How it works

  1. Wait 40 daysThe affidavit can be used 40 days after the date of death.
  2. We prepare your affidavitAnswer a few questions; we draft the §13100 declaration and assemble the supporting documents.
  3. Sign & present itPresent the notarized affidavit and a certified death certificate to the bank or holder of the asset.
  4. Collect the assetsThe institution releases the funds or property to you directly — no court hearing.

Frequently asked

Can a small-estate affidavit transfer real estate?
No — the affidavit is for personal property. Real property uses a separate process (§13200, or a succession petition for a primary residence).
What is the current limit?
For deaths on or after April 1, 2026, the personal-property limit is $239,700.

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