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Standard Index GroupThe End of Life PlannerUnited States by Valoren

General information · not a substitute for the advice of an attorney · Valoren is a publisher, not a law firm.

Free · general informationCalifornia

Small estates in California

Where California law lets a smaller estate be settled without full probate, these are the official words on how: who may use the route, what it covers and what the paperwork must say. Whether a particular estate fits is for the court, the bank or company holding the asset, or an attorney in California; nothing on this page decides it.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 11, 2026

Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The small estate affidavit: the value limit and the waiting period

if the gross value of the decedent's real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will…

California · general information · checked October 11, 2026 · Cal. Prob. Code §13100

The dollar limits by date of death, and when they next change

The values in the left column apply to property of a decedent who died between April 1, 2022, and March 31, 2025. The values in the right column apply to property of a decedent who died on or after April 1, 2025.

these values will next be adjusted April 1, 2028.

What it applies toDied on or after April 1, 2022 and before April 1, 2025Died on or after April 1, 2025
§§13100/13101 affidavit$184,500$208,850
§13151 primary residence petition$184,500$750,000
§13200 real property of small value$61,500$69,625
§§6602/6609 set-aside$95,325$107,900
§13050(c) wages excluded$18,450$20,875

For a death before the earlier of those dates, the court’s simple-transfer page gives these amounts:

What it applies toDied before April 1, 2022
§§13100/13101 affidavit$166,250
§13151 primary residence petition$166,250
§13200 real property of small value$55,425
§§6602/6609 set-aside$85,900
§13050(c) wages excluded$16,625

California · general information · checked October 11, 2026 · Judicial Council form DE-300

The decedent’s main home: what changed for real property petitions

Assembly Bill 2016 made two important changes to the law for real property. It raised the maximum value of real property for certain petitions to $750,000. It limited this procedure to the decedent's main home in California. This applies to real property petitions under Probate Code sections 13150–13157.

California · general information · checked October 11, 2026 · selfhelp.courts.ca.gov

The court’s forms for smaller estates, by name

an affidavit or declaration furnished under Probate Code section 13101

Petition to Determine Succession to Primary Residence (form DE-310)

Affidavit re: Real Property of Small Value (form DE-305)

Spousal or Domestic Partner Property Petition (form DE-221)

California · general information · checked October 11, 2026 · selfhelp.courts.ca.gov; form DE-300

FAQ

Common questions

if the gross value of the decedent's real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will…

California · general information · checked October 11, 2026 · Cal. Prob. Code §13100

The values in the left column apply to property of a decedent who died between April 1, 2022, and March 31, 2025. The values in the right column apply to property of a decedent who died on or after April 1, 2025.

these values will next be adjusted April 1, 2028.

What it applies toDied on or after April 1, 2022 and before April 1, 2025Died on or after April 1, 2025
§§13100/13101 affidavit$184,500$208,850
§13151 primary residence petition$184,500$750,000
§13200 real property of small value$61,500$69,625
§§6602/6609 set-aside$95,325$107,900
§13050(c) wages excluded$18,450$20,875

For a death before the earlier of those dates, the court’s simple-transfer page gives these amounts:

What it applies toDied before April 1, 2022
§§13100/13101 affidavit$166,250
§13151 primary residence petition$166,250
§13200 real property of small value$55,425
§§6602/6609 set-aside$85,900
§13050(c) wages excluded$16,625

California · general information · checked October 11, 2026 · Judicial Council form DE-300

if the gross value of the decedent's real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will…

California · general information · checked October 11, 2026 · Cal. Prob. Code §13100

Assembly Bill 2016 made two important changes to the law for real property. It raised the maximum value of real property for certain petitions to $750,000. It limited this procedure to the decedent's main home in California. This applies to real property petitions under Probate Code sections 13150–13157.

California · general information · checked October 11, 2026 · selfhelp.courts.ca.gov

an affidavit or declaration furnished under Probate Code section 13101

Petition to Determine Succession to Primary Residence (form DE-310)

Affidavit re: Real Property of Small Value (form DE-305)

Spousal or Domestic Partner Property Petition (form DE-221)

California · general information · checked October 11, 2026 · selfhelp.courts.ca.gov; form DE-300