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CA · Superior Court — Probate Division

California

Small-estate-affidavit threshold and procedure under § Cal. Prob. Code § 13100.

Verified 2026-05-04
Personal property
$208,850
statutory cap
40-day wait

Eff Apr 1 2025 (AB 2016, Stats 2024 Ch 331). Pre-Apr 2025 figure was $184,500. Personal property only — DE-160 affidavit.

Real property
$69,425
separate cap
180-day wait

Real property of small value — DE-305 affidavit. Inflation-adjusted per § 890; verify against current Judicial Council DE-300.

Primary residence
$750,000
separate cap
40-day wait

Primary residence petition under § 13151 et seq. — added by AB 2016 (2024), effective Apr 1 2025. New pathway, distinct from §§ 13100 / 13200.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under California's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Eff Apr 1 2025 (AB 2016, Stats 2024 Ch 331). Pre-Apr 2025 figure was $184,500. Personal property only — DE-160 affidavit.

Personal property
Waiting period
State requires 40 days to elapse from date of death (personal-property path) before filing.
Real property
Waiting period
State requires 180 days to elapse from date of death (real-property path) before filing.
Primary residence
Waiting period
State requires 40 days to elapse from date of death (primary-residence petition) before filing.
Real property
Eligible under a separate cap

Three distinct pathways with three distinct caps. Most fragmented small-estate regime in the country.

03

Where to file

File with the Superior Court — Probate Division in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The California judicial system operates an authoritative court locator.

Find your county’s Superior Court — Probate Division via the California judicial council website. Search for “California Superior Court — Probate Division county locator” or visit the state government court directory.

04

Form & statute

Forms
Statutes