California Small Estate Affidavit: Collect Assets Without Full Probate

When someone passes away in California leaving $239,700 or less in personal property, you may be able to collect it without full probate, using a notarized Affidavit for Collection of Personal Property. Fill it out and notarize it online. Enter your details to start.

NO HANDWRITTEN DOCUMENTS ARE ACCEPTED. EVERYTHING MUST BE TYPED.
Handwritten letters and documents cannot be notarized online. If your document is handwritten, type it first and then upload it.

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Your information

Your full legal name (the Affiant)Your emailYour phoneCounty (for the affidavit heading)Your home address (residing at)Full name of the deceasedDate of deathYour relationship to the decedent / right to inherit (e.g. surviving spouse, sole heir, named in will)Description of the property or assets you are claiming (bank account, vehicle, etc.)

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In California, when a person dies leaving $239,700 or less in personal property (for deaths on or after April 1, 2026), heirs can often collect the assets using an Affidavit for Collection of Personal Property under Probate Code 13100, instead of a full probate. It is a sworn affidavit you present directly to the bank or institution holding the asset.

When you can use it

The estate’s personal property is $239,700 or less (bank accounts, investments, vehicles, personal belongings)
At least 40 days have passed since the death
No probate is pending or has been granted
Note: real estate is handled through a different procedure and does not count here

What you need

A certified copy of the death certificate
Your name and your right to the property as heir or beneficiary
A description of the specific assets you are collecting
The affidavit, signed in front of a notary

How it works

1. Fill it out, enter your details above, your affidavit is created automatically.
2. Prepare the affidavit to meet Probate Code 13100, after the 40-day wait.
3. Notarize it online, institutions require a notarized affidavit. Then present it with the death certificate.

Frequently asked questions

What is the California small estate limit?

$239,700 in personal property for deaths on or after April 1, 2026 ($208,850 for deaths April 1, 2025 through March 31, 2026). The limit is adjusted periodically.

Does the affidavit need to be notarized?

Notarization is not always legally required, but banks and financial institutions almost always require a notarized affidavit before releasing funds. You can notarize it online.

How long do I have to wait?

At least 40 days after the date of death before you present the affidavit.

Can I use it for real estate?

No. This affidavit covers personal property. Real estate uses a separate California procedure.

← See small estate guides for all states

This page is general information, not legal advice, and is not affiliated with any government agency or court. California does not issue a single official small estate affidavit form; the affidavit is prepared to meet Probate Code 13100. If you use our online notary partner, NotarEase NYC may earn a referral credit at no extra cost to you. Limits and rules change; confirm current requirements, or consult a California attorney about your situation.

Small estate affidavit guides

How the process works, whatever state you are in.

Small estate affidavit by state

Fill out and notarize the affidavit for your state online.