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Small Estate Affidavit

In the case where a California resident dies owning property with a gross fair market value less than $100,000, a probate proceeding is usually not necessary.

In these circumstances, a decedent's successors under a will or next of kin can utilize the provisions of California Probate Code 13100, which allows the property of the Decedent to be transferred to the successors using a Small Estate Declaration or 13100 Affidavit. This document can only be used to transfer property after 40 days have elapsed since the Decedent's date of death. The document must be signed by the successor(s) under penalty of perjury and must be notarized.

When the property to be transferred is a bank or brokerage account, it is sometimes easier to use the bank or institution's in-house forms to expedite the process. However, the form provided below meets the statutory requirements set forth in the California probate code.

Download a FREE Small Estate Affidavit(California Probate Code 13100)

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