---
title: "Executor in California: Small Estate Limit and 10 Steps"
description: "California executor checklist: the $208,850 small estate limit for deaths from April 1, 2025, the 40-day wait, the probate timeline and creditor rules."
url: "https://mcc-solutionsnj.com/tools/executor-checklist-california"
---

Free checklist · California executors

# California executor checklist: the first 10 steps

The big question in California is whether you need probate at all. The answer depends on the value of the property and the date of death, so start there.

**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

Tick them off as you go. The ticks stay on this screen only; nothing is saved or sent.

- **Order death certificates**A small estate affidavit needs a certified copy attached.
- **Check Social Security has been told**Funeral homes generally report. Otherwise 1-800-772-1213; ask about the $255 payment.
- **File the will with the court**Within 30 days after the death (Riverside Superior Court self-help).
- **Secure the home and property**Lock up, keep insurance, forward the mail.
- **Add up California property**Gross value, leaving out the property Probate Code 13050 excludes. Use the limit for the date of death.
- **Small estate? Wait 40 days**Then the successor signs the affidavit for each bank or holder of personal property.
- **Otherwise, petition for probate**After notice and a hearing, the court admits the will and issues letters.
- **EIN and estate account**Needed before Form 1041, which is due if the estate has more than $600 of income in a year.
- **Within 4 months of letters**Take control of assets, file the inventory and appraisal, and send the notice to creditors (DE-157).
- **Within 1 year of letters**Petition for final distribution or file a status report; then distribute and file receipts.

## Work out the California dates

Enter the date of death to see the California dates.

## Want us to handle it?

We order certified records, pick up and deliver documents, get the small estate affidavit signed and notarized, and file papers near where the estate is, in any state. We are not lawyers.

**Price:** Quote-based, from $199 per job plus government and court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay.

[Ask for estate paperwork help](/notary/estate-paperwork-help-out-of-state#request)

## 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](https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf); 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](https://www4.courts.ca.gov/documents/de157.pdf)). Each claim gets an allowance or rejection within 30 days ([Orange County flow chart](https://www.occourts.org/system/files/probate_flow_chart.pdf)).

### 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](https://sco.ca.gov/ardtax_estate_tax.html)).

## Official sources

- [Judicial Council of California: Probate Code section 890 adjusted amounts (PDF)](https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf)
- [Judicial Council sample: Affidavit for Collection of Personal Property (PDF)](https://www4.courts.ca.gov/documents/Affidavit_personal_property.pdf)
- [Judicial Council form DE-157, Notice of Administration to Creditors (PDF)](https://www4.courts.ca.gov/documents/de157.pdf)
- [Superior Court of Riverside County: Decedent's Estates, Wills & Trusts](https://riverside.courts.ca.gov/self-help/estates-wills-trusts)
- [Superior Court of Orange County: Probate flow chart (PDF)](https://www.occourts.org/system/files/probate_flow_chart.pdf)
- [California State Controller's Office: California Estate Tax](https://sco.ca.gov/ardtax_estate_tax.html)
- [Social Security Administration: When someone dies](https://ssa.gov/personal-record/when-someone-dies)
- [IRS: Deceased taxpayers, filing the estate income tax return (Form 1041)](https://www.irs.gov/individuals/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](/tools/executor-checklist-new-york) · [Pennsylvania](/tools/executor-checklist-pennsylvania) · [Florida](/tools/executor-checklist-florida) · [Texas](/tools/executor-checklist-texas) · [New Jersey](/notary/executor-checklist-new-jersey)

Related: [Small estate affidavit: signing and notary checks](/notary/guides/small-estate-affidavit-notary-checks) · [Probate documents that need a notary](/notary/guides/probate-and-estate-documents-that-need-notarization) · [Inherited IRA 10-year rule checker](/bookkeeping/inherited-ira-10-year-rule-checker)

For California executors

## California Executor Kit

Six fill-in documents and an Excel workbook that picks the limit for the date of death: the first 30 days, probate and small estate steps, the tax status, creditor deadlines and log, an inventory and a distribution log.

[Get the kit ($25)](/toolkits/ca-executor-kit) [Free sample](/toolkits/ca-executor-kit#free-starter)14-day full refund

Part of: [Executor and estate paperwork by state](/notary/executor-guide-by-state)

## More free checklists and calculators

[See all free tools](/free-tools)[Call (908) 444-6373](tel:+19084446373)