Quick answer: for personal property under $208,850, wait 40 days and present a sworn affidavit directly to the bank — no court needed. For a primary residence under $750,000, file a DE-310 petition with the Superior Court instead. Check which applies with the California small estate checker.
Personal property: a private affidavit, no court
Steps for the personal property affidavit
- Wait 40 days from the date of death.
- Total the qualifying personal property, excluding joint tenancy, trust, POD/TOD, and beneficiary-designated assets.
- Confirm the total is $208,850 or less using the date-of-death value.
- Complete and sign the sworn affidavit, identifying the successors entitled to the property.
- Present it, with a death certificate and ID, to each asset holder.
The house: a real court petition, just a short one
For a primary residence valued up to $750,000, file a Petition to Determine Succession to Real Property (Form DE-310) with the Superior Court. This involves an appraisal to confirm the value, a hearing date, and a judge's order (Form DE-315) — a genuine court process, but far shorter than full probate administration.
Date-of-death value, not today's value
Both procedures use the property's fair market value as of the date of death, not its current value. A professional appraisal isn't required for personal property — a good-faith estimate of what items would sell for is acceptable.
Getting the threshold wrong has real consequences
California sets the applicable dollar threshold by the date of death, not the date the affidavit is filed. Using the wrong figure can invalidate the affidavit and create personal liability for the person who signed it — always match the threshold to the actual date of death.
A local probate attorney can review your estate — many offer a free consultation.
The dollar thresholds and the 40-day wait apply the same way in Los Angeles, San Francisco, San Diego, and every other California county — only the court that hears the DE-310 petition differs.