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What is a small estate affidavit?

Short answer

A legal document that lets heirs collect assets without full probate if the estate is small enough. In California, the threshold is $208,850 for personal property 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. A lawyer can help, but it…

What this usually means

A legal document that lets heirs collect assets without full probate if the estate is small enough. In California, the threshold is $208,850 for personal property 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. A lawyer can help, but it is also doable without one.

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Official starting points

Rules and procedures can change. These official sources are the starting points used to review this topic.

Last reviewed: July 27, 2026 · California guidance unless noted otherwise

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