What Is the California Small Estate Affidavit?
After someone passes away, managing their estate through probate can be a lengthy and emotional process. Fortunately, in California, the law provides a shortcut for small estates. This simplified alternative saves time and money compared to the full probate process. In California, qualifying small estates can be handled using what is referred to as a “Small Estate Affidavit.” This alternative allows eligible heirs to collect a decedent’s estate assets without a formal probate proceeding. Below, we discuss how the Small Estate Affidavit works, who can use it, and the steps involved in the process.
Understanding a Small Estate Affidavit
A Small Estate Affidavit allows eligible heirs to collect the belongings of a person who has died without needing to go through the formal probate court process. If you have the legal right to inherit a decedent’s personal property, you may not have to go to court to have the property transferred to you. However, you can only use a Small Estate Affidavit if the estate’s total value is under a specific limit and does not include real estate such as a home or land. Under California law, the transfer may require a different legal process if the estate consists of real property.
Who Can Use a Small Estate Affidavit in California?
Not all estates qualify for a Small Estate Affidavit. In California, the following requirements must be met for an estate to qualify for this simplified method;
- Estate Value Limit
As already mentioned, you can only use a Small Estate Affidavit if the total value of the decedent’s estate does not exceed a certain threshold. As of April 1, 2025, this threshold is $208,850. If a death occurred on April 1, 2025, or after April 1, 2025, and the value of the decedent’s estate is $208,850 and below, heirs can use a Small Estate Affidavit. For any death before April 1, 2025, the estate’s value must not exceed $184,500. The increase in the threshold means that more people can use this simplified option to transfer assets.
- Waiting Period
According to California Probate Code Section 13100, at least 40 days must have elapsed since the decedent passed away before a Small Estate affidavit can be utilized. California law has put in place this waiting period to ensure that everyone has had enough time to address any immediate issues surrounding the decedent’s passing.
- No Probate Filed
Another vital requirement is that there must not be an open probate case for the estate in court. If probate has already been filed, the affidavit is not viable.
- Signature Requirement
If you are the one completing the affidavit as an heir or beneficiary, you must sign it under penalty of perjury. This means that you promise everything you have said is true and you are legally entitled to claim the decedent’s assets. If it turns out that you knowingly lied or gave false information, you can face criminal charges (perjury).
What Are the Steps for Using a Small Estate Affidavit?
If the above requirements are met, the following are the steps that beneficiaries and heirs can take to use a Small Estate Affidavit;
- Fill out the affidavit with the help of an attorney
- Gather supporting documents
- Submit the affidavit to the asset holder
- Receive and distribute the assets according to the will or the state’s interstate succession laws
Contact the Probate Guy
If you have questions or need help managing a decedent’s estate, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – to schedule a consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
Source:
selfhelp.courts.ca.gov/probate/small-estate#:~:text=You%20cannot%20use,DE%2D305
