When a deceased person's real property is of small value — below the statutory limit — the people entitled to inherit 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 you then record. Here's the whole thing.
Everything a §13200 affidavit actually involves
- A six-month wait. The affidavit can't be filed until six months after the date of death.
- Confirming it's "small value." This path only works if the real property is under the statutory limit — which adjusts over time, so the current figure has to be checked, not assumed.
- DE-160 — Inventory and Appraisal by a probate referee. Because it's real property, a court-appointed probate referee must appraise it to prove the value is within the limit. You have to find the assigned referee and get it filed.
- DE-305 — Affidavit re Real Property of Small Value. The affidavit itself, describing the property and the successors, with the will attached if there is one.
- Certified death certificate. Attached to the filing; a photocopy won't do.
- Filing with the Clerk of the Superior Court. This is a court filing — not a recorded deed — though it does not require a hearing.
- The court's certified copy. Once accepted, the clerk issues a certified copy of the affidavit, which is what establishes the new owners.
- Recording + PCOR. To make title clear, the certified affidavit and a Preliminary Change of Ownership Report are recorded with the county recorder. Depending on who inherits, Proposition 19 may reassess the property.
Where do-it-yourself filers get stuck
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 probate-referee step alone is a coordination project — locating the assigned referee, 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.
How ProbateClear and your LDA handle it
We confirm the property is within the current small-value limit, coordinate the probate-referee appraisal (DE-160), and prepare the DE-305 affidavit with the certified death certificate and Inventory and Appraisal attached. A licensed Legal Document Assistant files it with the Clerk of the Superior Court, obtains the certified copy, and records it with a PCOR so title is clear — and we flag any Prop 19 reassessment so the property-tax outcome isn't a surprise.
If the property is worth more than the small-value limit, a different path — a Succession to Real Property petition (DE-310) for a home up to $750,000, or full probate above that — applies instead, and the screener routes you correctly. Either way it's one flat fee and a tracked process instead of a court filing you didn't expect.
How it works
- Confirm it qualifies, and wait six monthsThis path is for real property of small value (below the statutory limit). The affidavit can't be filed until six months after the date of death, and our 2-minute screener checks the property against the current limit.
- We order the probate-referee appraisal (DE-160)Because it's real property, a court-appointed probate referee must appraise it on an Inventory and Appraisal (DE-160) to prove it's within the small-value limit. We help you locate the assigned referee and get the appraisal filed.
- We prepare the DE-305 affidavitWe draft the Affidavit re Real Property of Small Value (DE-305), describing the property and the people entitled to inherit, and attach the will if there is one.
- File with the Superior Court clerkThe DE-305 is filed with the Clerk of the Superior Court, together with a certified copy of the death certificate and the probate-referee Inventory and Appraisal — there is no hearing.
- The clerk issues a certified copyOnce accepted, the court issues a certified copy of the affidavit. That certified affidavit is what establishes the new owners.
- We record the certified affidavit + PCORFor title to be clear, the certified affidavit and a Preliminary Change of Ownership Report (PCOR) are recorded with the county recorder where the property sits. We flag any property-tax / Prop 19 reassessment that applies.