California · Small estates
California small-estate guide
California has several simplified ways to transfer property after a death. Which one may fit depends on the kind of property, how it is titled or beneficiary-designated, the date of death, and its value. There is no single dollar limit for every asset or procedure.
Last checked: September 27, 2026
A practical starting sequence
1. Make an asset and title inventory
List property, approximate values, and any debts or obligations. For each asset, note whether it was held individually, jointly, in a trust, or with a named beneficiary. Gather available account records, deeds, and a death certificate.
2. Identify the likely recipients and any court case
Check wills, beneficiary designations, title documents, and whether a formal probate case is already pending. Some property may pass through its title or beneficiary designation; other property may require a court process.
3. Compare each asset with the right procedure
Use the California Courts overview and current Judicial Council limits chart to compare the asset type, date of death, value rules, and required form. Personal property and real property have different routes.
4. Follow the court or institution’s instructions
Confirm the current paperwork and filing or transfer steps with the court in the relevant county or the institution holding the property.
5. Consider formal probate if no simplified route fits
If the available procedures do not cover the estate or its property, review theCalifornia Courts probate guide or get help from a qualified professional.
Personal-property affidavit limits
For the personal-property affidavit process under Probate Code sections 13100–13101, California Courts lists these maximum estate values by date of death:
- On or after April 1, 2025
- $208,850
- April 1, 2022 through March 31, 2025
- $184,500
- Before April 1, 2022
- $166,250
This affidavit transfers personal property; it does not transfer real property. At least 40 days must have passed since the death. It generally cannot be used while formal probate is pending unless the personal representative consents.
Statutory exclusions affect what counts toward the value, and debts are not subtracted. Do not calculate eligibility from the amounts above alone. Review the court’ssimple-transfer instructions and current DE-300 limits chart for valuation details and requirements.
Real property has separate procedures
A home and other real estate do not use the personal-property affidavit limit
For deaths on or after April 1, 2025, the California Courts guide lists a separate $750,000 limit for a procedure to transfer the decedent’s California main home. The petition is form DE-310; this limit is not a general small-estate threshold.
Other real property has its own procedures and limits. Review the current DE-300 chart and the separate DE-305 real-property affidavit instructions rather than applying the main-home amount to other property.
Rules and circumstances vary
Eligibility and procedure depend on the facts, county, property, and applicable law. This page is general information, not legal advice. Confirm what applies to the estate with the relevant court or a qualified professional.
KithLedger does not provide legal or tax advice.