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Guide · California Probate

California Small-Estate Limits & Thresholds (2026)

The current California small-estate thresholds for deaths on or after April 1, 2025: $208,850 for the small-estate affidavit, $69,625 for small-value real property, and $750,000 for a primary residence.

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 the small-estate affidavit (which collects 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 current thresholds apply to deaths on or after April 1, 2025

ProcedureWhat it transfersCurrent limitDates of death
§13100 affidavitPersonal property (bank, brokerage, securities, final pay); the cap counts California real and personal property$208,850Deaths Apr 1, 2025 – Mar 31, 2028
§13200 affidavit (DE-305)Real property, when all California real property together is of small value$69,625Deaths on or after Apr 1, 2025
§13151 petition (DE-310)A primary residenceup to $750,000Deaths on or after Apr 1, 2025

Each one is a different process with different rules — read on for what each covers and what it requires.

The §13100 small-estate affidavit collects personal property from a small estate with no court

The small-estate affidavit collects personal property — bank accounts, brokerage and securities, final paychecks, and similar assets. It can be used when the gross value of the decedent's California real and personal property, not counting trust, joint-tenancy, payable-on-death and other excluded assets, is $208,850 or less (deaths on or after April 1, 2025). 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 for deaths from April 1, 2022 through March 31, 2025, and $166,250 before that. An earlier date of death uses the earlier figure.

Full walkthrough: Small Estate Affidavit (California).

The §13200 affidavit (DE-305) transfers real property of small value with no hearing

When all of the decedent's California real property together is worth $69,625 or less (deaths on or after April 1, 2025), California Form DE-305 can transfer it. The value is measured across all the real property, not parcel by parcel.

  • Filed no sooner than six months after 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.

The §13151 succession petition (DE-310) transfers a primary residence after one hearing

For a primary residence, the succession-to-real-property petition (Form DE-310) covers homes worth up to $750,000 for deaths on or after April 1, 2025.

  • Requires an appraisal by a probate referee you select from those appointed by the State Controller.
  • 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.

The date of death and the type of asset decide which figure 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 shows the published figure for your death date and the requirements of each form, side by side with your answers, so you can decide which one fits. You can prepare any of these yourself — the statutes are public — or a registered California Legal Document Assistant can prepare it at your direction 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.

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Frequently asked

What is the California small-estate limit in 2026?
For deaths on or after April 1, 2025, the small-estate affidavit limit is $208,850. It counts the gross value of the decedent's California real and personal property, not counting trust, joint-tenancy, payable-on-death and other excluded assets. Nothing changed in 2026 — this figure applies to deaths from April 1, 2025 through March 31, 2028. The screener shows the figure for your date of death.
Did the small-estate limits go up in 2026?
No. The current set of figures took effect April 1, 2025. California adjusts these amounts every three years under Probate Code §890, so the next change is scheduled for April 1, 2028 (the new amount has not been published yet). There was no 2026 increase.
What is the limit for real property of small value?
The §13200 affidavit (Form DE-305) can be used when all of the decedent's California real property together is worth $69,625 or less (deaths on or after April 1, 2025). It can be filed no sooner than six months after the death, and it is filed with the court clerk, with no hearing.
How much real estate can pass without full probate?
A primary residence worth up to $750,000 (deaths on or after April 1, 2025) can pass through a succession-to-real-property petition (Form DE-310). It requires an appraisal by a probate referee you select from those appointed by the State Controller, and one court hearing.
Which threshold applies to me?
It depends on the date of death — an earlier death uses the figure in effect on that date. The screener shows the published threshold for your date of death, side by side with your answers, so you can decide which form fits.

This is an educational guide prepared by a Legal Document Assistant. It is not legal advice, and ProbateClear is not a law firm.

Not sure which path is yours?

Answer a few questions about the estate — it takes about 2 minutes.

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