Short answer. File the will with the Superior Court within 30 days of the death. If California property (leaving out what the law excludes) is within the small estate limit for the date of death, $208,850 for deaths on or after April 1, 2025 ($184,500 for April 1, 2022 to March 31, 2025), heirs can collect personal property with an affidavit once 40 days have passed. For deaths from April 1, 2025, a primary residence up to $750,000 may pass by petition. Otherwise it's full probate. California has no estate tax return for deaths since 2005.
This is an organizer. Probate rules are complex; talk to the court clerk or an attorney.
The first 10 steps
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Work out the California dates
Enter the date of death to see the California dates.
The California rules behind the steps
Small estate limits by date of death
| Procedure | Before Apr 1, 2022 | Apr 1, 2022 to Mar 31, 2025 | From Apr 1, 2025 |
|---|---|---|---|
| Personal property affidavit (13100) | $166,250 | $184,500 | $208,850 |
| Real property petition (13151) | $166,250 | $184,500 | $750,000, primary residence only |
| Real property of small value (13200) | $55,425 | $61,500 | $69,625 |
| Small estate set-aside (6602) | $85,900 | $95,325 | $107,900 |
From the Judicial Council's adjusted amounts; the next adjustment is April 1, 2028. Some county pages still show older figures.
Creditors
A creditor must file before the later of 4 months after letters were first issued or 60 days after the notice was mailed or delivered to that creditor (form DE-157). Each claim gets an allowance or rejection within 30 days (Orange County flow chart).
Taxes
For deaths on or after January 1, 2005, "there is no longer a requirement to file a California Estate Tax Return," and the State Controller collects inheritance tax only for deaths before June 8, 1982 (sco.ca.gov).
Official sources
- Judicial Council of California: Probate Code section 890 adjusted amounts (PDF)
- Judicial Council sample: Affidavit for Collection of Personal Property (PDF)
- Judicial Council form DE-157, Notice of Administration to Creditors (PDF)
- Superior Court of Riverside County: Decedent's Estates, Wills & Trusts
- Superior Court of Orange County: Probate flow chart (PDF)
- California State Controller's Office: California Estate Tax
- Social Security Administration: When someone dies
- IRS: Deceased taxpayers, filing the estate income tax return (Form 1041)
Checked November 2026.
General information checked November 2026 against the official sources above. It is an organizer, not legal, tax or financial advice, and it doesn't decide which procedure fits your estate: the court and your attorney do. MCC Solutions is not affiliated with any court or state agency. The date tool runs in your browser, and nothing you enter is sent or saved.
Common questions
What is the California small estate limit in 2026?
$208,850 for the personal property affidavit when the person died on or after April 1, 2025. For deaths from April 1, 2022 to March 31, 2025 it's $184,500, and before that $166,250.
When did the California small estate limit change?
On April 1, 2025, from $184,500 to $208,850, by date of death. The next scheduled adjustment is April 1, 2028.
How long do I wait before using a small estate affidavit?
At least 40 days after the death, shown by a certified death certificate attached to the affidavit.
How long do creditors have in a California probate?
Until the later of 4 months after letters were first issued or 60 days after the notice was mailed or delivered to them, per form DE-157.
Does California have an estate or inheritance tax?
No California estate tax return is required for deaths since January 1, 2005, and inheritance tax applies only to deaths before June 8, 1982, per the State Controller.
Other states: New York · Pennsylvania · Florida · Texas · New Jersey
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