How to Complete and Use the California Small Estate Affidavit to Claim a Bank Account

When a loved one passes away in California, and they leave behind a bank account in their name only, you may be able to claim the funds without going through probate. If the value of the deceased person’s entire estate is below a certain limit, you can use a Small Estate Affidavit—a simple, court-free alternative under California Probate Code §13100.

Here’s a step-by-step guide to completing and using the affidavit to claim a bank account.

Step 1: Determine Eligibility

To use the California Small Estate Affidavit, the following requirements must be met:

• Estate value is $208,250 or less (this limit is less for Decedent's dying before April 1, 2025, under AB 2016).

• No formal probate has been filed or is pending.

• At least 40 days have passed since the date of death.

• The person signing the affidavit is legally entitled to the property (as an heir or beneficiary).

Step 2: Gather Required Documents

Before filling out the affidavit, gather the following:

• Certified copy of the death certificate

• Proof of your identity (driver’s license, passport, etc.)

• Proof of the asset’s value (bank statements, etc.)

• Will (if applicable), or documentation showing your legal entitlement (if no will)

• Form DE-221 (Affidavit for Collection of Personal Property) – not mandatory, but widely accepted

Step 3: Fill Out the Affidavit

Key information to include:

• Name of the deceased

• Date and place of death

• A statement confirming that the estate qualifies under Probate Code §13100

• A list or description of the bank account(s) being claimed

• Your relationship to the deceased and basis for your entitlement

You must declare under penalty of perjury that all statements are true and correct.

Step 4: Notarize the Affidavit

Although California law doesn’t require notarization, many banks do. It’s strongly recommended to sign the affidavit in front of a notary public to avoid rejection.

Step 5: Submit the Affidavit to the Bank

Take the completed and notarized affidavit, along with the supporting documents, to the financial institution holding the deceased’s account.

Be prepared to:

• Fill out the bank’s internal claim forms,

• Wait a few days to weeks for the claim to be processed.

Some banks may ask for additional documentation, especially if multiple heirs are involved.

What If There Are Multiple Heirs?

If multiple people are entitled to the account:

• Each heir must sign a separate affidavit, or

• One person can sign the affidavit and attach written, notarized consent from the other heirs allowing them to collect the funds on everyone’s behalf.

Important Notes:

• This process only works for personal property (like cash, bank accounts, and vehicles).

• Real estate requires a different process (e.g., Petition to Determine Succession to Real Property under Probate Code §13151).

• If the estate includes multiple small assets, their combined value must be under the threshold.

Final Thoughts

The California Small Estate Affidavit is a powerful tool for avoiding probate in simple cases. When used properly, it allows you to access a deceased loved one’s bank account efficiently and legally.

If you're unsure about your eligibility or how to handle bank-specific requirements, it’s wise to consult with a California probate attorney who can guide you through the process and avoid delays.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.