Not every estate needs full probate. If a loved one’s estate is small enough, California lets you transfer assets with a simple affidavit instead of a months-long court case. Here’s how the small-estate process works.
Is the estate small enough?
California sets a dollar limit for “small estates” (it adjusts periodically — confirm the current figure). If the total qualifying assets are under the limit and there’s no real property over the separate limit, you may use the affidavit process.
How it works
Wait the required period after death (generally 40 days), then present a small-estate affidavit (Probate Code 13100) to the bank or institution holding the asset, along with the death certificate. For qualifying real property, a separate court petition (DE-310) may be used.
When you still need probate
If assets exceed the limit, full probate is required — see our probate guide.
How Curbside Legal helps
We prepare your small-estate affidavit or probate petition, whichever fits. Get the DIY probate packet or start your intake.
Curbside Legal is a legal document preparation service, not a law firm, and does not provide legal advice.