If a California estate falls under the right dollar limit, you can skip full probate and use a much faster, cheaper summary procedure instead. California has three of these thresholds — one for personal property, one for small-value real estate, and one for a primary residence — and which one fits depends on what was owned and how much it's worth.
Nothing changed in 2026These are the current figures. They took effect April 1, 2025 and stay in effect through March 31, 2028 — there was no 2026-specific increase. People search for "2026" because they want today's numbers; these are today's numbers.
The three current thresholds
| Procedure | Covers | Current limit | Effective |
|---|---|---|---|
| §13100 affidavit | Personal property only (bank, brokerage, securities, final pay) | $208,850 | Apr 1, 2025 – Mar 31, 2028 |
| §13200 affidavit (DE-305) | Real property of small value | $69,625 | Apr 1, 2025 |
| §13151 petition (DE-310) | A primary residence | up to $750,000 | deaths in 2025 or later |
Each one is a different process with different rules — read on for what each covers and what it requires.
§13100 — small-estate affidavit (personal property)
For personal property only — bank accounts, brokerage and securities, final paychecks, and similar assets — the limit is $208,850. This is the figure people usually mean by "the small-estate limit."
- No court. The affidavit is presented directly to each institution holding an asset; there is no filing and no hearing.
- 40-day wait from the date of death before it can be used.
- It cannot transfer real estate — that's what the other two procedures are for.
Prior figures: $184,500 (effective April 1, 2022) and $166,250 before that. An earlier date of death uses the earlier figure.
Full walkthrough: Small Estate Affidavit (California).
§13200 — affidavit re real property of small value (DE-305)
When the estate includes real property of small value, California Form DE-305 handles it up to $69,625 for deaths on or after April 1, 2025.
- 6-month wait from the date of death.
- Filed with the court clerk — but no hearing.
Prior figures: $61,500 (deaths from April 1, 2022 through March 31, 2025) and $55,425 before that. As with §13100, an earlier date of death uses the earlier figure — the limit is fixed by when the person died, not by when you file.
Details: Affidavit re Real Property of Small Value.
§13151 — succession to real property (DE-310)
For a primary residence, the succession-to-real-property petition (Form DE-310) covers homes worth up to $750,000 for deaths in 2025 or later. California raised this limit under AB 2016.
- Requires a probate-referee appraisal.
- Requires one court hearing — but not full, supervised probate.
Details: Succession to Real Property (California).
These adjust every 3 years — confirm by date of deathCalifornia reindexes these dollar amounts every three years under Probate Code §890. The current set took effect April 1, 2025; the next adjustment is April 1, 2028 (the new amount has not been published). Because the right limit depends on when the person died, an earlier-dated death uses the earlier figure — so always confirm against the date of death.
How to find the figure that applies to you
The good news: if the estate is under the limit that fits the assets, you avoid full probate entirely. The catch is matching the right threshold to the right assets — and to the right date of death.
The fastest way is to answer a few questions. The screener confirms the exact figure for your death date and tells you which form applies. You can prepare any of these yourself — the statutes are public — or a licensed Legal Document Assistant can prepare it for one flat fee. See Do I Need Probate in California? or our pricing.
Not sure which path is yours?
Answer a few questions about the estate — it takes about 2 minutes.