Short answer. Up to $208,850 (from April 1, 2025); 40 days after the death; notary rules vary; handed to the holder.
At a glance
- 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.
- Wait after death
- At least 40 days after the death.
- Notary
- 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.
- Where it goes
- Not filed with the court; give it, with a certified death certificate, to the person, company or bank holding the property.
- 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 it
- Simplified procedure
- 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).
Limit by date of death
- On or before March 31, 2022: $166,250
- April 1, 2022 to March 31, 2025: $184,500
- On or after April 1, 2025: $208,850
In the official wording
Limit
"On or after April 1, 2025 ... $208,850"
Wait
"At least 40 days have passed since the person died"
Notary
"Legally, you are not required to have the Affidavit notarized."
Where it goes
"give the Affidavit to the person, company, or bank that has the property now."
Three example estates
For a death on November 7, 2025, the stated limit gives:
- $52,200: under the stated limit. See why
- $188,000: under the stated limit. See why
- $313,300: over the stated limit. See why
Your own numbers: open the checker for this state.
Worth knowing
The statewide self-help page we read still shows the $184,500 figure; the Judicial Council's adjusted-amounts table and Riverside's instructions give $208,850 for deaths on or after April 1, 2025. The Riverside guide also notes a salary exclusion under Probate Code 13050(c) of $20,875 for deaths on or after April 1, 2025.
Bigger estate or full probate: Executor checklist · Kits: California Executor Kit.
Where an affidavit has to be notarized or sworn: MCC Solutions notarizes in New Jersey, with a mobile notary who comes to you and remote online notarization. Elsewhere, a local notary can help.
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)
General information, not legal advice; we are not lawyers. Each holder may still ask for its own form, and a lawyer can confirm whether the estate qualifies.
Common questions
What is the small estate limit in California?
Up to $208,850 (from April 1, 2025). $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?
40 days. At least 40 days after the death.
Does a California small estate affidavit need a notary?
It depends. 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.
Is it filed with a court in California?
No. Not filed with the court; give it, with a certified death certificate, to the person, company or bank holding the property.
Can real estate pass this way in California?
Not by this affidavit. 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).
Is there an official California 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.
All states: small estate affidavit by state · Arizona · Colorado · Small estate affidavit: signing and notary checks