California Small Estate Affidavit Checker

Personal property: $208,850, good through March 2028

Confirmed against the Judicial Council's own DE-300 figures: under Probate Code §13100-13101, the personal property affidavit threshold for deaths on or after April 1, 2025 is $208,850. These values re-index only every three years, and the next scheduled adjustment is April 1, 2028 — so $208,850 is the correct figure for all of 2026, 2027, and early 2028, not a number due to change mid-2026 as some sources incorrectly suggest.

The 2025 law that changed everything for the family home

Assembly Bill 2016 raised the primary-residence threshold from $184,500 to $750,000 for deaths on or after April 1, 2025 — a fourfold jump aimed specifically at letting middle-income families transfer the house itself without full probate. It runs through a court petition under Probate Code §13151-13154 (Form DE-310), not a simple affidavit, and the residence's value doesn't count against the separate $208,850 personal-property limit.

A smaller, separate lane for other real property

Real property that isn't the primary residence — a rental, vacant land, a second home — can only use the Affidavit for Succession to Real Property of Small Value (§13200), capped at $69,625.

40 days, and no will requirement

Both the personal property affidavit and the primary residence petition require a 40-day wait from the date of death, and both are available whether or not the decedent left a will.

Statewide thresholds, no county variation

Los Angeles, San Francisco, San Diego — the dollar thresholds apply identically statewide; only which county Superior Court handles the filing differs.

California small estate — frequently asked questions

What is California's small estate affidavit limit for personal property?

$208,850 for deaths on or after April 1, 2025, under Probate Code §13100-13101. This threshold is set by statute and re-indexed every three years for inflation; the next scheduled adjustment is April 1, 2028, so $208,850 remains current through March 2028.

Can the small estate affidavit ever be used for a house?

Not the standard affidavit — it covers personal property only. But since 2025, a primary residence valued up to $750,000 can transfer through a separate Petition to Determine Succession under Probate Code §13151, a major increase from the prior $184,500 figure.

How long do I have to wait to use California's small estate procedures?

At least 40 days after the date of death, for both the personal property affidavit and the primary residence petition.

Is there a separate, smaller threshold for other real property?

Yes — real property that isn't the primary residence can use the Affidavit for Succession to Real Property of Small Value under Probate Code §13200, but only if its value is $69,625 or less.

Does having a will block California's small estate procedures?

No — unlike some states, California's small estate affidavit and the primary residence petition are both available whether or not the decedent left a will; if there's a will, assets simply go to the named beneficiaries.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on California Probate Code §13100-13101, §13151-13154, §13200, verified against the Judicial Council's own published DE-300 thresholds. Actual eligibility depends on the estate's full facts. Confirm with the county Superior Court or a licensed California attorney before acting.