Small Estate Probate Procedures

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Losing a loved one is a difficult time, and the thought of navigating the complex world of probate court can be overwhelming. Fortunately, California law provides “simplified procedures” for smaller estates, allowing heirs to transfer property without a full, lengthy court process.

As of 2026, new thresholds and rules from Assembly Bill 2016 (AB 2016) are in full effect, making it easier than ever to manage these estates. This guide breaks down the procedures, statutes, and forms you need to know.

1. Do You Qualify?

The 2026 Thresholds

Asset Type

Died Before April 1, 2022

Died After April 1, 2025 2

Died After April 1, 2025

Total Estate Value

$166,250

$208,850.00

$208,850

Real Property

$55,425

$61,500

$69,625

Primary Residence

Not applicable

$750,000

There are no rows in this table

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Note: “Total Estate Value” excludes certain assets like joint tenancy property, living trusts, and accounts with named beneficiaries (like 401ks or life insurance).

2. The Small Estate Affidavit (Personal Property)

If the estate is under the $208,850 limit (for 2026) and does not include real estate, you can often avoid court entirely using a Small Estate Affidavit.

The Statute: California Probate Code § 13100–13116

Wait Period: You must wait 40 days after the date of death.

Procedure: You prepare the affidavit and present it directly to the holder of the asset (e.g., a bank).

Forms: There is no “official” Judicial Council form for the affidavit itself, but many courts provide local templates.

Mandatory Attachment: You must attach Form DE-300 (Maximum Values for Small Estate) to your affidavit to prove the estate qualifies.

3. Real Property (Real Estate)

Procedures: If the estate includes land or buildings, you cannot use a simple affidavit. You must use one of the following court-assisted methods:

A. Affidavit Re: Real Property of Small Value

Used if the total value of all real property in the estate is $69,625 or less (for 2026 deaths).

The Statute: California Probate Code § 13200

Wait Period: 6 months after the date of death.

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

B. Petition to Determine Succession to Real Property Used if the estate is under the small estate limit ($208,850) but includes real estate, OR if it involves a Primary Residence valued at $750,000 or less (under the new AB 2016 rules).

The Statute: California Probate Code § 13151

Mandatory Form: DE-310 (Petition to Determine Succession to Real Property)

4. Required Judicial Council (CJC) Forms

Regardless of the method, you will likely need these supporting forms:

DE-160 Inventory and Appraisal: Required for all real property transfers. You must have a “Probate Referee” value the property.

DE-161 Inventory and Appraisal Attachment: Used to list specific assets.

DE-300 Maximum Values Form: Now required to be attached to petitions and affidavits to verify the statutory limits.

5. Official Resources & Next Steps

Before filing, always check the specific rules of the county where the decedent lived, as some local courts have their own specific "form packets."

California Courts Self-Help Guide: Simplified Procedures to Transfer an EstateFind Your Court: California Superior Court Directory

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