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California Probate

What is the California small estate affidavit and how do I use it?

Short answer

A sworn document that lets you collect assets without probate if the total value of assets subject to probate is $184,500 or less (2024 figure, adjusts periodically). You must wait 40 days after death. Present the affidavit plus a certified death certificate…

What this usually means

A sworn document that lets you collect assets without probate if the total value of assets subject to probate is $184,500 or less (2024 figure, adjusts periodically). You must wait 40 days after death. Present the affidavit plus a certified death certificate to the institution holding the asset. They are legally required to release it. No court filing needed.

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