California Small Estate Affidavit

California Small Estate Affidavit

A California Small Estate Affidavit allows qualified successors to collect certain assets after a loved one's death without formal probate. For deaths on or after April 1, 2025, the procedure is generally available when the qualifying estate is worth $208,850 or less, and the affidavit may be presented at least 40 days after the death. The process generally requires the affidavit, a certified death certificate, Judicial Council form DE-300, and documentation showing the claimant's right to the property. Real property, assets already held in trust, and property passing by beneficiary designation are treated differently, so not every estate or type of property qualifies and the applicable requirements should be carefully reviewed before using the procedure.

Disclaimer

This form is provided by Califorms as a general-purpose California legal form for self-help use. It is not legal advice, and purchasing or downloading it does not create an attorney-client relationship. Califorms does not complete, customize, interpret, notarize, file, or present this affidavit, and does not determine whether an estate qualifies. The customer is solely responsible for confirming the applicable dollar limit for the date of death, calculating which assets count toward it, observing the 40-day waiting period, attaching the required Judicial Council form, and establishing the right to receive the property. Dollar limits are adjusted periodically and differ by procedure and property type. An estate that includes real property, a disputed or unknown heir, creditor claims, or assets exceeding the limit may require a court petition or full probate, and a qualified California attorney should be consulted before signing or presenting the affidavit.