California small estate
California small estate limit
California's small estate limit is $208,850 for deaths on or after April 1, 2025. If the person's California property is worth that or less (some assets don't count) and 40 days have passed, heirs can collect personal property with an affidavit instead of probate (Cal. Prob. Code § 13100).
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California's small estate limit is $208,850 for deaths on or after April 1, 2025. If the person's California property is worth that or less (some assets don't count) and 40 days have passed, heirs can collect personal property with an affidavit instead of probate (Cal. Prob. Code § 13100).
General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.
Affidavit to collect personal property (Prob. Code § 13100)
| Limit | $208,850 |
| What counts | Gross value of the real and personal property in California, not counting property listed in § 13050 (such as joint tenancy property, property in a revocable trust, property passing to a surviving spouse, pay-on-death and other multiple-party accounts, and registered vehicles) and property in a § 13151 petition. |
| Waiting period | 40 days after death |
| Statute | Cal. Prob. Code § 13100 |
The base amount in the statute ($166,250) is adjusted every three years. The Judicial Council lists $166,250 for deaths before April 1, 2022, $184,500 for deaths from April 1, 2022 to March 31, 2025, and $208,850 for deaths on or after April 1, 2025.
Common questions
What is the small estate limit in California?
The limit is $208,850 for the affidavit to collect personal property (Prob. Code § 13100). The base amount in the statute ($166,250) is adjusted every three years. The Judicial Council lists $166,250 for deaths before April 1, 2022, $184,500 for deaths from April 1, 2022 to March 31, 2025, and $208,850 for deaths on or after April 1, 2025.
What counts toward the California limit?
Gross value of the real and personal property in California, not counting property listed in § 13050 (such as joint tenancy property, property in a revocable trust, property passing to a surviving spouse, pay-on-death and other multiple-party accounts, and registered vehicles) and property in a § 13151 petition.
How long do you have to wait to use it in California?
You have to wait 40 days after death (Cal. Prob. Code § 13100).
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Sources
- Cal. Prob. Code §§ 13100–13117 — California Legislative Counsel
- California Courts Self-Help Guide: simple transfers — Judicial Council of California, Self-Help Guide
We last checked the statute text against the official publishers in August 2026.