Estate · Skip Probate
Small-Estate Limit in California
How large an estate can skip full probate in California, what counts toward the limit, the procedure to use, and the recent changes to watch. Cited to the statute.
How the small-estate limit works in California
The procedure, what counts toward the dollar limit, and what is left out.
The personal-property figure is inflation-indexed every three years by date of death, stepping from $208,850 to $239,700 on April 1, 2026. Confirm the operative figure for the specific date of death before relying on it.
| How it works | What it means |
|---|---|
| Personal property only | The §13100 affidavit covers personal property such as bank accounts, vehicles, investments, and belongings. It does not transfer real estate. |
| The figure depends on the date of death | The limit is set by date of death and rises every three years: $184,500 before April 1, 2025, $208,850 from then to March 31, 2026, and $239,700 on or after April 1, 2026. |
| A successor signs, no court order needed | A successor of the decedent signs the affidavit under penalty of perjury, at least 40 days after the death. No court order is required for the basic personal-property affidavit. |
| What does not count | What it means |
|---|---|
| Real property uses other tracks | Real estate is not collected by the §13100 affidavit. Small-value real property uses the §13200 affidavit, and a primary residence up to $750,000 can pass by a Petition to Determine Succession (§13151). Those are separate, higher limits. |
| Non-probate assets do not count | Assets passing by joint tenancy, payable-on-death or transfer-on-death designation, beneficiary designation, or a living trust are excluded from the estate valuation. |
What you can do right now
Concrete, neutral steps to settle a small estate in California. This is legal information, not legal advice.
- Check the estate value against the date-of-death figure
Use the limit that applies to the date of death: $239,700 for deaths on or after April 1, 2026. Count only personal property, not real estate or non-probate assets.
- Wait 40 days, then sign the affidavit
The affidavit cannot be presented to a bank or other holder until 40 days after the death. After that, a successor signs it under penalty of perjury.
- Handle a home through the right procedure
If the estate includes a house, the affidavit will not transfer it. Use the §13200 real-property affidavit or, for a primary residence up to $750,000, the succession petition.
- Talk to a California probate attorney if it is close
If the estate is near the limit or mixes real and personal property, a licensed California attorney can confirm the right procedure. The State Bar can refer you to one.
Whether an estate qualifies turns on what counts toward the limit and the procedure your state uses. This resource can connect you with a licensed estate attorney.
→ State Bar of California — Need Legal HelpThis is general legal information, not legal advice. What counts toward the limit, whether there is a will, and whether real estate is involved can change the answer, so confirm with a licensed attorney.
What people get wrong about the California small-estate limit
California lets heirs skip full probate for a modest estate using a small-estate affidavit, but the number moves and it is easy to grab a stale one. The affidavit under Probate Code §13100 covers personal property, bank accounts, vehicles, investments, and belongings, up to a limit that is inflation-indexed every three years by date of death. For deaths on or after April 1, 2026 that limit is $239,700, up from $208,850, and aggregators still cite older figures like $184,500 or $166,250. The affidavit is powerful because it needs no court order, only a successor’s sworn signature, but it cannot be presented until 40 days after the death, and it does not transfer real estate. Two separate, higher tracks handle real property, including a 2024 procedure for a primary residence up to $750,000 that is routinely and wrongly described as the new small-estate limit. It is not the same thing. Count only personal property against the $239,700 figure, and use the right date-of-death number.
Common questions
What is the small-estate affidavit limit in California?
$239,700 in personal property for deaths on or after April 1, 2026, under Probate Code §13100. The figure is inflation-indexed every three years, so older numbers like $184,500 are out of date.
How long do I have to wait to use a California small-estate affidavit?
40 days. The affidavit cannot be presented to a bank or other asset holder until 40 days have passed since the death. After that, a successor signs it under penalty of perjury.
Can a California small-estate affidavit transfer a house?
No. It covers personal property only. Real estate uses the §13200 affidavit for small values, or a succession petition for a primary residence up to $750,000, which is a separate procedure.
Did the $750,000 law raise the small-estate limit in California?
No. The 2024 law created a separate petition for a primary residence up to $750,000. It did not raise the $239,700 personal-property affidavit limit. The two are different procedures.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.