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.
This is an educational guide prepared by a Legal Document Assistant. It is not legal advice, and ProbateClear is not a law firm.
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.
- 6-month wait from the date of death.
- Filed with the court clerk — but no hearing.
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.