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What Is a Small Estate Affidavit and How Does It Work in California?

Managing a deceased person’s estate in California can be complicated, even when the estate is small. For these situations, a Small Estate Affidavit can simplify the process.

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So, what is a Small Estate Affidavit, and how does it work in California? This legal document allows heirs or beneficiaries to claim personal property without going through the full probate process. It can help save time, money, and headaches when settling an estate. 

Here is a look at how it works, who qualifies, and the steps involved in the small estate affidavit process. 

What Is a Small Estate Affidavit?

A Small Estate Affidavit in California is a formal legal document that enables heirs or beneficiaries to claim the property of a deceased person. In these situations, the estate does not have to go through the full probate process. 

This process applies to personal property, such as bank accounts, vehicles, furniture, and other tangible assets, rather than real estate. With a Small Estate Affidavit, you can bypass the need for a formal probate proceeding

Eligibility Requirements

While this might seem like the perfect solution, not every estate qualifies for this process. There are specific requirements for using a Small Estate Affidavit:

  • Value limit: The total value of the estate’s personal property must not exceed $166,250 as of 2025. If the estate exceeds this amount, the affidavit cannot be used, and formal probate may be necessary.
  • Time requirement: At least 40 days must have passed since the decedent’s death. This makes sure that there is time for claims by creditors to arise and be addressed before assets are distributed.
  • Type of property: Personal property, such as bank accounts, vehicles, stocks, or personal effects, can be claimed. Real property, like a house or land, usually cannot be transferred using a Small Estate Affidavit.
  • Heir or beneficiary status: The person using the affidavit must be an heir under California law or a named beneficiary of the deceased’s will. If there is a will, it must clearly identify the beneficiary entitled to the property.

How the Small Estate Affidavit Works

The process of using a Small Estate Affidavit in California is pretty easy. However, it does require careful attention to detail to avoid legal complications. Here are a few steps:

Collect All Your Information 

The person claiming the property must compile all the necessary details and documents, including the decedent’s full name, date of death, and the estimated value of the estate. Additionally, they must list all heirs and the property being claimed.

Complete the Affidavit Form

California has a standardized affidavit form that must be filled out accurately. The affidavit includes declarations that:

  • The estate qualifies as a small estate
  • The person is entitled to claim the property
  • The property has not already been distributed

Sign Under Oath

The affidavit must be signed in front of a notary public. This affirms that the information provided is accurate to the best of the signer’s knowledge. 

Provide Affidavit to Holders of Property

Once notarized, the affidavit is presented to the institutions or individuals holding the decedent’s property. For example, a bank may require a Small Estate Affidavit to release funds from the deceased’s account, or the Department of Motor Vehicles may use it to transfer vehicle ownership.

Distribution of Property

After the affidavit is accepted, the property can be legally transferred to the heirs or beneficiaries listed. Since the affidavit serves as a legal declaration, the recipient gets a title to the property.

Get Legal Help

Even though the Small Estate Affidavit is designed to be simple, that doesn’t always mean easy. Every estate is different. A California probate attorney can help you identify these issues before they escalate into bigger problems. 

Plus, these legal professionals know how to make sure you’re following the law, so your affidavit holds up if anyone ever challenges it. For a small fee, that peace of mind can be worth far more than the risk of making an expensive mistake.

We Can Help with All Sizes of Estates

When you know what a Small Estate Affidavit is and how it works in California, you can streamline the transfer of personal property without the delays and costs of full probate. 
If you are handling a small estate or need guidance with the probate process, California Probate is ready to assist with your situation. We help to make sure the process is smooth, compliant, and stress-free for you and your family. Schedule a consultation today.