What is California's small estate limit for affidavit procedures?

Under California Probate Code §13100, heirs can use a simplified affidavit procedure to collect property without probate if the gross value of the decedent's personal property is $184,500 or less (as of recent adjustments). This threshold is adjusted periodically for inflation and applies to the date the affidavit is used, not the date of death. The 40-day waiting period from the date of death must also have passed before the affidavit can be used.

Can I use an Affidavit of Heirship to transfer real estate in California?

California does not use Affidavits of Heirship the same way Texas does for real property. For real estate, you typically need to file a Petition to Determine Succession to Real Property (Probate Code §13150) in probate court for estates below the threshold, or go through full probate for larger estates. The simplified affidavit procedure under §13100 is limited to personal property, not real estate.

Does California require witnesses on an Affidavit of Heirship?

California's simplified affidavit for personal property (§13100) does not require disinterested witnesses the way Texas does. However, the affiant must sign under penalty of perjury, and notarization is required for most purposes including real property transfers. The affiant must also confirm that they are the rightful successor or heir entitled to receive the property.

How long must I wait before using a California small estate affidavit?

California Probate Code §13100 requires that at least 40 days have passed since the decedent's death before a successor can use the small estate affidavit procedure. This waiting period gives creditors and other claimants an opportunity to assert their rights before assets are distributed. You cannot use the affidavit immediately after the death — the 40-day minimum must be met.

What if the decedent had a will? Can I still use the small estate affidavit?

Yes, in many cases. A will does not prevent use of the small estate affidavit procedure under §13100 if the estate qualifies — the threshold and other conditions still apply. What matters is whether the estate is below the value threshold and whether no probate proceeding has been opened. If a probate case is already pending, the affidavit procedure cannot be used.

Free California Affidavit of Heirship Form

A California Affidavit of Heirship is used by heirs to claim the property of a deceased person who died without a will. California offers simplified procedures for smaller estates, and this affidavit is commonly used to transfer personal property and, in some cases, real estate.

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Fill in the fields below, then download your completed affidavit.

California Affidavit of Heirship

Fill in the fields below to generate your form.

Affiant Information

Full Legal Name *

Date of Birth

Street Address *

City *

State *

Sworn Statement

Statement of Facts *

I swear or affirm that the above information is true and correct to the best of my knowledge.

Signature

Date of Signature *

Notary Acknowledgment

State of _________________________ County of _________________________

Subscribed and sworn to before me on this _____ day of _______________, 20_____.

Notary Public: __________________________ My Commission Expires: __________________

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How to Complete This Form

1Enter the deceased person's full legal name and date of death, and confirm that 40 days have passed since death.
2Confirm that the total value of the decedent's personal property does not exceed California's current small estate threshold ($184,500 as of recent adjustments).
3State your name and relationship to the deceased, and identify the specific property you are claiming.
4Include the declaration language required by California Probate Code §13101 (the form includes this by default).
5Sign before a notary public and submit to the institution holding the property — no court filing is typically required for personal property under the threshold.

What Is a California Affidavit of Heirship?

California's Probate Code provides simplified successor affidavit procedures for small estates. Under Probate Code §13100, an heir can use a sworn affidavit to collect property valued at $184,500 or less (adjusted periodically) without going through probate. For real property, California uses a different process — a Petition to Determine Succession to Real Property — but an Affidavit of Heirship is often prepared in conjunction with this process to establish the facts of heirship. All affidavits must be notarized.

California's affidavit of heirship process is governed primarily by Probate Code §13100–§13115, which provide a simplified procedure for transferring personal property without probate when the estate is below the threshold value. Filling out a California affidavit of heirship form requires the affiant to state facts under penalty of perjury — notarization is required for most uses but the Probate Code also allows signing under penalty of perjury without a notary in some contexts.

An affidavit of heirship template for California should include the statutory language from Probate Code §13101, which requires the successor to identify the basis for their claim (relationship to the decedent), confirm the small estate threshold is met, and certify that no probate proceeding is pending or planned. Unlike Texas, California does not record these affidavits in the county deed records for personal property transfers — they are presented directly to the holder of the property (bank, DMV, etc.).

When Do You Need a California Affidavit of Heirship?

✓The deceased died without a valid will in California
✓The total estate is valued below California's small estate threshold
✓You need to collect personal property, bank accounts, or vehicle titles
✓A financial institution requests proof of heirship to release funds
✓The estate does not require full probate proceedings
✓You need to establish family history and lineage for heirship determination

Notarization Required

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