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 $208,850 or less for deaths on or after April 1, 2025 ($184,500 applied for deaths from April 1, 2022 through March 31, 2025). 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 $208,850 or less for deaths on or after April 1, 2025 ($184,500 applied for deaths from April 1, 2022 through March 31, 2025). 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.
What to do next
- Start the PathAfter checklist for situation-aware first steps.
- Find California county help for coroner contacts, vital records, cost tools, and paperwork.
- Open the First 72 Hours Call Log before making calls.
- Open the Documents to Find Checklist when you are ready for paperwork.