California small estate affidavit: limits & how it works
If the estate's qualifying property is under California's small-estate limit, you may be able to transfer assets with a small-estate affidavit (Probate Code §13100) instead of a full probate — no court case required.
CA small-estate limit
$184,500 — rising to $239,700 for deaths on or after April 1, 2026 (inflation-adjusted)
- The limit is $184,500 for deaths before April 1, 2026, and $239,700 for deaths on or after April 1, 2026 (California adjusts it for inflation every three years).
- Personal property (bank accounts, securities, vehicles) can be collected with a §13100 affidavit 40 days after death — no court filing.
- Real property has its own, lower threshold and a separate procedure (a §13150 petition or the $61,500 'Affidavit re Real Property of Small Value'); a primary residence usually still needs probate.
- If you qualify, Kindred can prepare and file the small-estate paperwork for you; if you don't, we run the full administration.
Common questions
Can I avoid probate in California?
Sometimes — through a small-estate affidavit (if the estate is under $184,500, rising to $239,700 for deaths on or after April 1, 2026), a living trust, or assets that pass by beneficiary designation or joint title. We'll tell you which path fits and handle the paperwork either way.
Last verified June 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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