Only in some cases.
The statewide self-help guide says notarizing isn't legally required, but the courts' sample affidavit has a notary acknowledgment and Riverside's instructions say to notarize every signature. Banks often expect it.
In the official wording
"Legally, you are not required to have the Affidavit notarized."
From the official pages listed below, checked November 2026.
What else the signing needs
- Value limit
- $208,850 of real and personal property in the state (leaving out what Probate Code 13050 excludes) for deaths on or after April 1, 2025; $184,500 for April 1, 2022 to March 31, 2025; $166,250 before. The affidavit itself can't transfer real property. The next adjustment is April 1, 2028.
"On or after April 1, 2025 ... $208,850"
- Waiting period
- At least 40 days after the death.
"At least 40 days have passed since the person died"
- Where it goes
- Not filed with the court; give it, with a certified death certificate, to the person, company or bank holding the property.
"give the Affidavit to the person, company, or bank that has the property now."
- Official form
- Affidavit for Collection of Personal Property (Probate Code 13100-13106). There is no mandatory statewide form; the self-help guide points to sample affidavits, and some samples still print an older limit. Open the official form
- Other simplified route
- Affidavit re Real Property of Small Value (DE-305), and a petition for a primary residence. Real property of small value: up to $69,625 for deaths on or after April 1, 2025. A primary residence in the state up to $750,000 may pass by petition to the court for deaths on or after April 1, 2025 (AB 2016).
Next step
Sign by video with our New Jersey notary while you're in California, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How California treats it: California gives a notarial act performed in another state the same legal effect (Gov't Code §8232.1, added by SB 696 in 2023), and its 2025 rules regulate companies that arrange out-of-state online notarizations for Californians. More on California signers.
Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one.
Book an online notarization Request a mobile notary in California
In person, we look for a notary commissioned in California near you; you approve the price first.
If a local notary in California does it: Acknowledgment, for each signature, including the seal and certificate, $15; Administering an oath or affirmation to one person, $15, under the state's fee rules (California notary fees).
Official sources
- Judicial Council of California: Probate Code section 890 adjusted amounts (PDF) (checked November 2026)
- California Courts Self-Help Guide: Small estate affidavit to transfer personal property (checked November 2026)
- Superior Court of Riverside County: Declaration for collection of personal property instructions (PDF) (checked November 2026)
- Sample: Affidavit for Collection of Personal Property under Probate Code 13100-13106 (courts.ca.gov, updated 1/1/2020) (checked November 2026)
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is a notary required for a California small estate affidavit?
Only in some cases. The statewide self-help guide says notarizing isn't legally required, but the courts' sample affidavit has a notary acknowledgment and Riverside's instructions say to notarize every signature. Banks often expect it.
What is the small estate limit in California?
$208,850 of real and personal property in the state (leaving out what Probate Code 13050 excludes) for deaths on or after April 1, 2025; $184,500 for April 1, 2022 to March 31, 2025; $166,250 before. The affidavit itself can't transfer real property. The next adjustment is April 1, 2028.
How long after a death can the California affidavit be used?
At least 40 days after the death.
Is the California affidavit filed with a court?
Not filed with the court; give it, with a certified death certificate, to the person, company or bank holding the property.
Can I sign the California affidavit with an online notary?
Our New Jersey notary can notarize it by video while you're in California. California gives a notarial act performed in another state the same legal effect (Gov't Code §8232.1, added by SB 696 in 2023), and its 2025 rules regulate companies that arrange out-of-state online notarizations for Californians. Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit.
What does a notary charge in California?
$15 for an acknowledgment, oath or jurat, under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.
Keep going
- California small estate affidavit
- Eligibility checker
- Small estate rules in every state
- A will in California
A small estate affidavit in another state: Arizona · Colorado · every state