What Is the California Small Estate Affidavit?

The small estate affidavit is a sworn document that lets a successor collect certain assets of a decedent without opening formal probate, provided the estate's value is under the current statutory limit and a required waiting period after death has passed. It is most often used for bank accounts, vehicles, and other personal property.

The successor presents the affidavit, along with a death certificate, to whoever holds the asset, and the asset is released without a court case. It is a fast, low-cost tool, but it has limits: it does not by itself transfer most real property, and it only works under the threshold. If the estate includes a house held in the decedent's name, you will likely need either the real-property petition or full probate. An attorney can tell you which path fits.