What the rule says
California provides a streamlined alternative to formal probate for small estates. Under California Probate Code § 13100, a successor of a decedent can collect personal property — bank accounts, investment accounts, vehicles, personal belongings, and other tangible and intangible personal property — without going through probate, if the gross value of the decedent's California personal property is $184,500 or less.
The procedure works through an affidavit signed by the successor under penalty of perjury, stating:
- That at least 40 days have passed since the decedent's death - That no probate proceeding has been initiated and is pending - That the gross value of the decedent's California real and personal property does not exceed $184,500 (real property is included in the calculation) - That the affiant is entitled to the property as a successor under California intestacy or as a beneficiary under the will - That the affiant has a right to receive the property
The affidavit is presented to the person, bank, broker, or other institution holding the property. Upon receiving the affidavit, the holder transfers the property to the affiant.
The $184,500 figure was raised from $166,250 in 2022 by AB 1716 and is adjusted periodically for inflation under California Probate Code § 890.
What this means in practice
The small-estate affidavit is the most common probate-avoidance tool in California for modest estates. It eliminates the need to file a probate petition, appoint an executor or administrator, publish notice, or wait through a months-long court proceeding.
Key practical points:
- The 40-day waiting period is calendar days, not court days. No action can be taken under § 13100 until 40 calendar days after the date of death. - The threshold counts both real and personal property. Even though the affidavit transfers only personal property, the $184,500 limit is the gross value of all California real and personal property combined. An estate with $50,000 in personal property and $200,000 in real property exceeds the threshold. - Property held in trust, in joint tenancy, or with named beneficiary designations is not counted. Only property that would otherwise pass through probate is included in the threshold. - The affiant takes responsibility for distribution. If multiple successors are entitled, the affiant must distribute property among them. The affiant signs under penalty of perjury and may face liability for misstatements. - Real property uses a separate procedure. California Probate Code § 13150 et seq. provides a different procedure for real property up to $61,500 (gross value).
What you can do about it
For a successor of a California decedent:
1. Wait at least 40 days after the date of death. 2. Calculate the gross value of all California real and personal property. If the total exceeds $184,500, the small-estate affidavit is not available. 3. Determine entitlement to the property. If the decedent died intestate, California's intestacy statutes (Cal. Probate Code § 6400 et seq.) determine successors. If the decedent died with a will, the will's named beneficiaries are entitled. 4. Prepare the affidavit. California's standard form includes specific recitals required by § 13100. Forms are available from the California Judicial Council and from many California courts' websites. 5. Present the affidavit to the property holder. Banks, brokers, and other institutions accept the affidavit and release the property.
For estate planning, the small-estate affidavit is most useful when the estate is structured to keep the probate-eligible portion below the threshold. Common strategies:
- Living trust. Property held in a revocable living trust is not part of the probate estate and does not count toward the threshold. - Beneficiary designations. Bank accounts, retirement accounts, and life insurance with named beneficiaries pass outside probate. - Joint tenancy. Real property and accounts held in joint tenancy with right of survivorship pass automatically to the surviving owner.
Who this affects most
The small-estate affidavit is most relevant for:
- Survivors of California decedents with modest probate estates (under $184,500 in personal property) - Households where the estate consists primarily of bank accounts, investments, and personal property — categories the affidavit can reach - Estate planners structuring estates to avoid probate by keeping the probate estate small - Heirs of decedents who died without significant real property holdings
For most California decedents with estates of modest size, the small-estate affidavit is the primary alternative to formal probate. It saves time (months versus 40 days), cost (no court filing fees or attorney fees in most cases), and complexity (no public probate proceeding).