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. Get the free guide and notarize it online. Enter your details to start.
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. Get the guide – enter your details above for the step-by-step guide.
- 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.
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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.