A modest property under $69,625

When a deceased person's California real property is of small value — all of it together worth $69,625 or less for deaths on or after April 1, 2025 — the people entitled to it can transfer it without a full probate under California Probate Code §13200, using the Affidavit re Real Property of Small Value (Judicial Council form DE-305).

It's called an "affidavit," which makes it sound like a quick form you sign and record. It isn't. The §13200 affidavit is filed with the court, requires a probate-referee appraisal, can't be filed for six months, and only clears title after the clerk issues a certified copy that is then recorded. Here's the whole thing.

A §13200 affidavit is a court filing with a six-month wait and a referee appraisal

• A six-month wait. The affidavit can't be filed until six months after the date of death (§13200(a)).
• Checking "small value." The test is the gross value of all the decedent's California real property together, not one parcel at a time, and it excludes joint-tenancy, trust and other property listed in §13050. The figure is $69,625 for deaths on or after April 1, 2025; it is keyed to the date of death.
• DE-160 / DE-161 — Inventory and Appraisal by a probate referee. The value is shown by an appraisal made by a probate referee appointed by the State Controller, whom you select for the county (§13200(c)). You arrange it and attach it.
• DE-305 — Affidavit re Real Property of Small Value. The affidavit itself, describing the property and the successors, with the will attached if you are claiming under it. It must be notarized.
• Debts already paid. The affidavit states that funeral expenses, last-illness expenses and all unsecured debts of the decedent have been paid (§13200(a)(8)).
• Certified death certificate. Attached to the filing; a photocopy won't do. For deaths on or after April 1, 2022, the published list of adjusted dollar amounts (DE-300) is attached too.
• Filing with the superior court clerk. This is a court filing — not a recorded deed — though it has no hearing. The fee is $45, which includes one certified copy.
• The court's certified copy. Once the clerk finds it complete, the clerk issues a certified copy of the affidavit without the attachments (§13202).
• Recording, with the PCOR filed alongside. The certified copy is recorded with the county recorder where the property sits. A Preliminary Change of Ownership Report is filed with the recorder at the same time; it is not recorded. Depending on who inherits, Proposition 19 may reassess the property.

The word "affidavit" hides a court filing that the clerk can bounce

The word "affidavit" sets the wrong expectation. People assume they can sign and record one form, and instead run into a six-month wait, a probate-referee appraisal they didn't know they needed, a court filing the clerk can reject for technical defects, and only then a recording step with a property-tax question behind it.

The appraisal step alone is a coordination project — choosing a referee for the county, getting the property valued, and attaching the Inventory and Appraisal correctly. Get any piece wrong and the clerk bounces the filing, and you start the sequence again. Most people do this once and have no idea it's a court process rather than a trip to the recorder.

A registered LDA prepares and files the affidavit at your direction

Our screener shows the published limit for your date of death next to your values, so you can decide whether this route fits. At your direction we help you arrange the probate-referee appraisal (DE-160/DE-161) and prepare the DE-305 affidavit with the certified death certificate and Inventory and Appraisal attached. A registered California Legal Document Assistant files it with the superior court clerk, obtains the certified copy, and records it, with the PCOR filed alongside. We also note whether Prop 19 reassessment may apply so the property-tax outcome isn't a surprise. An LDA is not a lawyer and does not give legal advice; if your situation needs one, your LDA will tell you.

If the property is worth more than the small-value limit, a different route may apply — a Petition to Determine Succession to Primary Residence (DE-310) for a primary residence worth up to $750,000 (deaths on or after April 1, 2025), or full probate — and our screener lays out the published requirements for each so you can decide. Either way it's one flat fee and a tracked process instead of a court filing you didn't expect.

How it works

1. Compare the property with the published limit, and wait six monthsThis route is for real property of small value: the gross value of all of the decedent's California real property together, not counting joint-tenancy, trust and other excluded property, must be $69,625 or less for deaths on or after April 1, 2025. The affidavit can't be filed until six months after the date of death. Our 2-minute screener shows the figure for your date of death next to your values, so you can decide.
2. Arrange the probate-referee appraisal (DE-160/DE-161)The value is shown by an Inventory and Appraisal made by a probate referee appointed by the State Controller, whom you select for the county (Probate Code §13200(c)). We help you contact the referee you choose and attach the appraisal to the affidavit.
3. We prepare the DE-305 affidavitAt your direction we prepare the Affidavit re Real Property of Small Value (DE-305), describing the property and the people entitled to it, and attach the will if you are claiming under it. You sign it in front of a notary.
4. File with the Superior Court clerkThe DE-305 is filed with the superior court clerk, together with a certified copy of the death certificate, the Inventory and Appraisal and, for deaths on or after April 1, 2022, the published list of adjusted dollar amounts (DE-300) — there is no hearing. The filing fee is $45, which includes one certified copy.
5. The clerk issues a certified copyOnce the clerk finds the affidavit complete, the clerk files it and issues a certified copy of the affidavit, without the attachments (Probate Code §13202).
6. Recording the certified copy, with the PCOR filed alongsideThe certified copy is recorded with the county recorder where the property sits, and a Preliminary Change of Ownership Report (PCOR) is filed with the recorder at the same time; the PCOR is not recorded and stays confidential. We assemble that packet to the recorder's rules; you can record it yourself or we can handle it. We also note whether Prop 19 reassessment may apply, based on who is inheriting.