California Probate Limits and Small Estate Thresholds

In California, the small estate limit is $208,850 for personal property, meaning estates at or below that value can be transferred with a sworn affidavit instead of formal probate. That figure applies to deaths on or after April 1, 2025, and it sits alongside two other simplified thresholds: $69,625 for non-primary real estate and $750,000 for the decedent’s primary home.¹ California adjusts these limits periodically for inflation.

The Three Simplified Transfer Paths

California doesn’t have one probate cutoff. It has three, each covering a different type of property and each with its own procedure.

Personal property affidavit for estates worth $208,850 or less. Heirs collect bank accounts, stocks, and other personal property using a sworn statement under Probate Code sections 13100–13101. No court filing.
Real property petition for California real estate valued at $69,625 or less. A successor files a court petition under Probate Code section 13200 to transfer title.²
Primary home petition for the decedent’s main residence when its fair market value doesn’t exceed $750,000. This procedure, under Probate Code sections 13151–13154, requires a petition and hearing but resolves far faster than formal probate.

For deaths between April 1, 2022, and March 31, 2025, the personal property limit was $184,500 and the real property limit was $55,425. The primary home petition didn’t exist before April 1, 2025.¹

What Counts Toward the Limit

The threshold applies only to assets that would otherwise pass through probate. A lot of property is excluded, which means estates that look large at first sometimes still qualify.

These assets don’t count toward the limit:

Anything held in a revocable living trust.¹
Property held in joint tenancy or community property with right of survivorship, which passes directly to the surviving co-owner.
Life insurance, IRAs, 401(k)s, payable-on-death bank accounts, and transfer-on-death securities, which go to named beneficiaries.
Community property, quasi-community property, and separate property passing directly to a surviving spouse or registered domestic partner.
Amounts owed to the decedent for military service. Unpaid salary and unused vacation are excluded up to a set amount that adjusts for inflation.³

Everything else the decedent owned individually in California counts: solo bank accounts without a beneficiary designation, investment accounts in the decedent’s name alone, vehicles, jewelry, art, furniture, and real estate titled only in the decedent’s name. Each asset is valued at fair market value as of the date of death. For financial accounts, that’s the balance on that date. Real property usually requires a probate referee appraisal.

One point trips up a lot of families: debts do not reduce the estate’s value for qualification purposes. If the decedent had $200,000 in a bank account and $180,000 in credit card debt, the estate is $200,000 for threshold math, not $20,000. Debts matter later, during distribution, but they don’t shrink the estate to help you qualify.

Using the Small Estate Affidavit

When total California estate value falls at or below $208,850, the affidavit under Probate Code sections 13100 and 13101 is the fastest path for personal property. There’s no court filing. You present a sworn statement directly to the bank, brokerage, or other holder of the decedent’s property, and they release it.⁴

You have to wait at least 40 days after the death before presenting the affidavit.⁴ The affidavit must state the decedent’s name, the date and place of death, that the total estate is within the statutory limit, and that no probate proceeding is pending or has been conducted. You sign under penalty of perjury.

Before approaching any institution, gather:

A certified copy of the death certificate
Proof of ownership, such as a bank statement or stock certificate
Your own photo ID
If the decedent owned any California real property, a completed Inventory and Appraisal (form DE-160) signed by a probate referee⁵

Banks and brokerages are required to honor a properly completed affidavit, though many have their own internal forms and processing timelines, so expect a few business days.

The affidavit works only for personal property. It cannot transfer real estate. If the decedent owned a house or land, you’ll need one of the real property petitions below or, if values exceed those limits, full probate.⁴

Simplified Real Estate Transfers

Real property has two separate paths, and the one you use depends on whether it’s the decedent’s primary home.

Primary Home Petition Up to $750,000

For deaths on or after April 1, 2025, heirs can petition to transfer the decedent’s main California residence if its gross fair market value is $750,000 or less. This is based on total value, not equity. A home worth $700,000 with a $500,000 mortgage still qualifies.¹ At least 40 days must pass after the death, no formal probate can be pending without the personal representative’s consent, and all heirs or beneficiaries must agree to the petition.

Other Real Property Up to $69,625

Real estate that isn’t the decedent’s primary home can be transferred by petition under Probate Code section 13200 if the gross value of all the decedent’s California real property is $69,625 or less.² This is the path for a small vacant lot or a fractional interest. It requires an inventory and appraisal signed by a probate referee.

The Spousal Petition Has No Dollar Limit

Surviving spouses and registered domestic partners have a fast track that isn’t tied to any threshold. Under Probate Code section 13500, property passing to the surviving spouse through intestacy or by will transfers without formal administration, regardless of value.⁶

The surviving spouse files a spousal property petition (form DE-221) explaining why each item of property belongs to or should pass to them. The court usually handles it in a single hearing. At least 15 days before the hearing, the petitioner must serve notice on all heirs of the deceased spouse and on any executor or administrator if a probate is already open.⁷

The spousal petition is worth knowing about because it applies to million-dollar estates as easily as to small ones. If the decedent left everything to the surviving spouse, size doesn’t matter.

Your Liability for the Decedent’s Debts

Skipping probate doesn’t erase the decedent’s debts. If you receive property through the small estate affidavit, you become personally liable to the decedent’s creditors up to the fair market value of what you received, minus any liens already on the property.⁸ You can raise any defense the decedent would have had, and creditors face the same time limits for filing claims that apply in formal probate.

This is where people get into trouble. Collect $150,000 from the decedent’s bank account using an affidavit, then have a creditor prove the decedent owed $80,000, and you’re personally on the hook for that $80,000. If the decedent had significant debts, formal probate with its structured creditor-claims process can actually protect you better, even though it takes longer.

California is a community property state, so debts acquired during a marriage remain the responsibility of the surviving spouse regardless of which spouse incurred them. Joint account holders and loan cosigners are similarly liable for shared obligations that survive the decedent.

1
Judicial Branch of California. Check if You Can Use a Simple Process to Transfer Property
2
California Legislative Information. California Code Probate Code Section 13200
3
California Legislative Information. California Code Probate Code PROB 13050
4
California Legislative Information. California Code Probate Code Section 13101
5
Judicial Branch of California. Small Estate Affidavit to Transfer Personal Property
6
California Legislative Information. California Code Probate Code PROB 13500
7
Superior Court of California | County of Santa Clara. Simplified Probate Procedures
8
California Legislative Information. California Probate Code Section 13109