How to Handle a Small Estate Probate in California

If you’ve recently lost a loved one and are wondering how to manage their estate, you may be relieved to learn that California probate offers a simplified process for certain small estates. This can save time, money, and stress—especially during a difficult emotional period.

Here’s a straightforward guide to understanding and handling a small estate probate in California.

What Is a “Small Estate” Under California Law?

In California, an estate qualifies as “small” if the total value of the probate estate is $166,240 (If death occurred before April 1, 2022) $184,500 or less (if death occurred between April 1, 2022 and April 1, 2025) $208,850 (If death occurred after April 1, 2025). This threshold includes only assets subject to probate—not assets that pass automatically to a beneficiary, like:

• Joint tenancy property

• Payable-on-death (POD) accounts

• Life insurance or retirement accounts with named beneficiaries

• Trust property

If the deceased person’s California estate consists mostly of these types of non-probate assets, it may be eligible for a simplified process.

Step 1: Wait 40 Days

Under California Probate Code Section 13100, no court involvement is required if the estate is under the specified limit. But you must wait at least 40 days after the date of death before collecting assets using a small estate affidavit.

Step 2: Complete a Small Estate Affidavit

To collect assets without going through California Probate Court, you’ll need to complete a Small Estate Affidavit (also called an Affidavit for Collection of Personal Property). This document must include:

• A description of the asset(s) being claimed

• The name and relationship of the person signing

• A sworn statement that the estate qualifies as a small estate

• An attached certified copy of the death certificate

• An attached DE-300 form

• The decedent’s will (if there is one)

All heirs may need to sign the affidavit, depending on the circumstances.

Step 3: Present the Affidavit to the Asset Holder

Once the affidavit is completed and notarized, you can present it to banks, insurance companies, or other institutions holding the assets. They are legally required to release the assets to the rightful heir(s), provided all requirements are met.

This method avoids formal probate and California Probate Court entirely.

When Is Formal Probate Still Required?

You may need to open a formal California probate case if:

• The estate probate assets exceed the relevant limit stated for the time of death

• Real property (land or a house) is involved, even if it’s of low value

• There are disputes among heirs or beneficiaries

• The will is unclear or missing

However, even for small estates with real property, you may be able to use a streamlined court procedure known as “Affidavit Re Real Property of Small Value” if the total real property value at the time of death is $55,425 (If death occurred before April 1, 2022) $61,500 or less (if death occurred between April 1, 2022 and April 1, 2025) $69,625 (If death occurred after April 1, 2025).

Final Tips for Handling a Small Estate Probate in California

1. Keep good records of all assets, debts, and distributions.

2. Be honest and transparent with other heirs to avoid misunderstandings.

3. Consult an estate attorney if you’re unsure about whether the estate qualifies for the small estate procedures or if you encounter resistance from asset holders.

Final Thoughts

Handling a small estate probate in California can be much less complicated than a full probate process—but it’s important to understand the legal requirements to avoid delays or legal challenges. Whether you’re dealing with bank accounts, vehicles, or other personal property, California’s small estate laws provide a faster and more affordable way to settle a loved one’s affairs.

If you’re unsure about your next steps, a consultation with a California probate attorney can help ensure you’re on the right path.

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.