Skip Probate with California's Small Estate Procedures
California law gives families a faster, lower-cost path when an estate qualifies — and the thresholds recently increased significantly. Whether you need a small estate affidavit to collect personal property or a court petition to transfer a home, understanding which procedure applies can save months of waiting and thousands in fees. I help Point Loma and San Diego families determine exactly which option fits their situation and handle every step of the process.
What Makes an Estate "Small" Under California Law?
California doesn't define a small estate by a single number. Two separate procedures exist, each with its own threshold and scope, and both were updated recently under AB 2016, effective April 1, 2025.
- Personal property affidavit (Probate Code §§ 13100–13101): For deaths occurring April 1, 2025 through March 31, 2026, the threshold is $208,850 in gross personal property value. For deaths on or after April 1, 2026, that figure rises to $239,700. If the estate's personal property falls below the applicable limit, a signed affidavit — not a court filing — is often all that's needed to transfer bank accounts, vehicles, and other non-real-estate assets.
- Petition to determine succession to a primary residence (Probate Code § 13151, form DE-310): This procedure now covers inherited homes valued up to $750,000, a substantial increase from the prior $184,500 cap. It requires a court hearing but is far simpler and faster than full probate.
The thresholds apply to gross value, not equity. A home with a large mortgage still counts at its full fair market value for purposes of determining eligibility.
The Small Estate Affidavit: How It Works
The personal property affidavit under Probate Code § 13100 is one of the most practical tools in California estate law. When it applies, there is no court filing, no probate judge, and no months-long waiting period. The successor presents a signed, notarized affidavit to the institution holding the asset — a bank, the DMV, a brokerage — and the asset transfers.
To use the affidavit, at least 40 days must have passed since the date of death, no probate proceeding may be pending or have been conducted, and the total gross value of the decedent's personal property must fall below the applicable threshold. Certain assets — those with named beneficiaries, joint tenancy property, or community property passing by operation of law — do not count toward the threshold and do not require the affidavit at all.
Getting the affidavit right matters. Institutions can and do reject affidavits that are incomplete, incorrectly valued, or missing required statutory language. I prepare these documents to the standard that financial institutions and the DMV expect, so families aren't turned away and forced to start over.
When a Court Petition Is Required for an Inherited Home
If the estate includes real property — a house, a condo, a piece of land — the affidavit procedure does not apply. For primary residences valued at or below $750,000, Probate Code § 13151 offers a streamlined alternative to full probate through a court petition filed on Judicial Council form DE-310.
This procedure involves filing a petition with the superior court, providing notice to interested parties, and attending a hearing. It is more involved than the affidavit process, but it moves considerably faster than a full probate administration and avoids the statutory fee structure that applies to larger estates. For many San Diego families dealing with a modest inherited home, this is the right path.
If the home's value exceeds $750,000, full probate administration will likely be required unless the property was held in a living trust or titled in another way that avoids probate altogether. I can review the property's title and the overall estate to tell you quickly which procedure applies.
What These Procedures Cannot Do
Small estate procedures are powerful, but they have real limits. Understanding those limits before you begin saves time and prevents complications.
- They do not apply to assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts) — those transfer outside of any estate procedure.
- They do not resolve disputes among heirs. If family members disagree about who is entitled to an asset, a court proceeding will be necessary regardless of estate size.
- They do not clear title to real property above the $750,000 threshold — that requires full probate or a trust administration.
- They do not address property tax consequences. Inheriting a home, even through a simplified procedure, can trigger a reassessment under Prop 19 unless a parent-child exclusion is properly claimed. That is a separate filing with its own deadline.
If your situation involves real property and you want to understand the property tax side alongside the probate procedure, I handle both — which is uncommon among San Diego estate attorneys.
How Property Tax Fits Into the Picture
Inheriting property through a small estate procedure doesn't exempt you from Prop 19's reassessment rules. Under current California law, when a child inherits a parent's home, the property is reassessed to current market value unless the child files a parent-child exclusion claim within one year and makes the home their primary residence.
For homes in San Diego — where values have climbed sharply — the difference between the inherited assessed value and current market value can translate to thousands of dollars per year in additional property taxes. Missing the one-year deadline means losing the exclusion permanently. I routinely flag this issue for clients going through any probate or estate transfer process, because the attorneys handling the transfer often don't address it.
Common Questions About California Small Estate Procedures
How long does the small estate affidavit process take in California?
The affidavit itself can be prepared quickly, but California law requires a 40-day waiting period after the date of death before it can be presented to a financial institution. Once the 40 days have passed and the affidavit is complete, most institutions process the transfer within a few business days.What if the estate has both personal property and real estate?
The two procedures are separate. Personal property below the applicable threshold can be transferred by affidavit, while real property requires either the § 13151 court petition (for primary residences valued at or below $750,000) or full probate administration. I can assess the full estate and tell you which combination of procedures applies.Can I use a small estate affidavit to transfer a car in California?
Yes. The California DMV accepts the § 13100 affidavit for vehicle transfers when the estate qualifies. The vehicle's value counts toward the gross personal property threshold, and the affidavit must meet the DMV's specific requirements. I prepare these to the standard the DMV expects.Does going through small estate procedures affect my property taxes?
The transfer procedure itself does not determine your property tax outcome — that depends on how the property is titled and whether a Prop 19 exclusion applies. Inheriting a home through any procedure, including a court petition, can trigger reassessment unless you file the parent-child exclusion claim on time. I address both the transfer and the property tax question together so nothing falls through the cracks.
Work with a Point Loma Attorney Who Handles the Full Picture
Small estate procedures look straightforward on paper, but the details — correct valuation, statutory language, institution-specific requirements, and the Prop 19 deadline running in the background — are where families run into trouble. I handle every matter personally, from the first conversation through the final transfer, and I bring the property tax knowledge that most probate attorneys don't have. If you're dealing with a loved one's estate in Point Loma, Ocean Beach, Mission Hills, or anywhere in San Diego, a free consultation will tell you exactly where you stand and what steps come next.
