Home / Small estate limits / Pacific
Cal. Prob. Code § 13100 · checked 2026-10-20
California small estate affidavit limit
In California the affidavit for collection of personal property is available when the gross value of the decedent's real and personal property in California, excluding property described in Probate Code § 13050 is $208,850 or less, and it can be used 40 days after the death. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $208,850
- 2Waiting period 40 days
- 3Filed with Asset holder
- 4Statute Cal. Prob. Code § 13100
What Cal. Prob. Code § 13100 says
The operative words of the statute, as read on 2026-10-20:
“40 days have elapsed since the death of the decedent”
That test is applied to the gross value of the decedent's real and personal property in California, excluding property described in Probate Code § 13050. For deaths on or after April 1, 2025 the Judicial Council's adjusted figures are $208,850 for the personal-property affidavit (§ 13100), $69,625 for the real-property affidavit (§ 13200, six months after death) and $750,000 for a petition to determine succession to a primary residence (§ 13151). The base figure written in § 13100 is $166,250; § 890 adjusts it every three years, next on April 1, 2028.
Source: Cal. Prob. Code § 13100 (text read from the Public.Law copy: copy; check the legislature's own text before relying on it); dollar figure from the Judicial Council of California, Probate Code section 890 adjusted amounts. Last checked 2026-10-20.
Worked examples against the $208,850 limit
| Estate value | Result under Cal. Prob. Code § 13100 |
|---|---|
| $125,000 | Within the limit |
| $208,850 | Within the limit |
| $209,850 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — gross value of the decedent's real and personal property in California, excluding property described in Probate Code § 13050 — not everything the person owned. California's figure is $146,350 above the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 2nd from the top.
When the route opens
The statute requires 40 days to pass after the death. For a death on January 15, 2026, the earliest date is February 24, 2026. 3 of the 31 jurisdictions with a written wait make people wait longer and 24 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 4 months counted from the date letters are first issued to a general personal representative (Cal. Prob. Code § 9100(a)). The California probate timeline works those dates through.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. The court fee schedule for California could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the affidavit for collection of personal property and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby Pacific jurisdictions
Alaska: $50,000 after 30 days; Hawaii: $100,000; Oregon: $75,000 after 30 days; Washington: $100,000 after 40 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the California probate court or its self-help center before filing.