California Small Estate Affidavit: The $184,500 Threshold Explained

What Is California's Small Estate Affidavit?

California Probate Code §13100 allows a successor (heir or beneficiary) to collect the deceased's personal property — bank accounts, vehicles, investment accounts, wages — by presenting a written affidavit directly to the institution holding the asset. No court filing. No judge. No Letters Testamentary.

The affidavit is a simple written declaration stating, under penalty of perjury, that: (1) the gross value of the estate subject to California probate does not exceed $184,500, (2) at least 40 days have passed since the date of death, (3) no probate proceeding is pending, and (4) the declarant is entitled to receive the property.

The $184,500 Threshold — Key Rules

Gross Value, Not Net Value

The $184,500 limit applies to the gross value of all property in California subject to probate — before deducting any debts, mortgages, or liabilities. This is the most common mistake. An estate with a $180,000 house subject to a $150,000 mortgage has a gross value of $180,000 for this test — not $30,000.

Only Probate Property Counts

The following assets do not count toward the $184,500 limit because they pass outside probate entirely:

• Assets held in a living trust
• Accounts with named beneficiaries (POD/TOD bank accounts, IRA, 401k, life insurance)
• Joint tenancy property (passes automatically to the surviving joint tenant)
• Community property with right of survivorship

Only assets that would otherwise require probate count toward the $184,500 threshold.

The Threshold Adjusts Every 3 Years

California adjusts the threshold every three years based on the California Consumer Price Index. The current threshold of $184,500 has been in effect since April 1, 2022. It will next be recalculated in 2025. Always verify the current threshold at courts.ca.gov before relying on this number.

The 40-Day Waiting Period

You must wait at least 40 days after the date of death before presenting a §13100 affidavit to any institution. This is a hard rule — no exceptions. The 40-day clock starts on the date of death, not the date you discover the assets or receive the death certificate.

Most institutions will verify this date against the death certificate you present alongside the affidavit.

What Property Can the Affidavit Collect?

The §13100 affidavit works for personal property — tangible and intangible. Common uses:

• Bank accounts (checking, savings, money market)
• Brokerage/investment accounts without named beneficiaries
• Wages, salary, or commissions owed to the deceased
• Vehicles (with DMV form REG 5 — see below)
• Safe deposit box contents
• Refunds, deposits, overpayments owed to the deceased

Vehicles: The DMV REG 5 Form

For vehicles, California has a separate simplified process. If the total value of all vehicles in the estate is $184,500 or less, you can transfer title using DMV form REG 5 (Affidavit for Transfer Without Probate). Present this form to your local DMV office with the death certificate and current title. No court involved.

If the vehicle has a lienholder (auto loan), the lender's lien must be satisfied before the title transfers.

What to Include in the Affidavit

California does not have a mandatory official form for the §13100 affidavit — you write it yourself (or download a template). It must include:

1. The deceased's full legal name and date of death
2. A description of the property you are claiming
3. A statement that the gross value of all California probate estate assets does not exceed $184,500
4. A statement that at least 40 days have passed since the date of death
5. A statement that no probate proceeding is pending or has been conducted in California
6. Your name, relationship to the deceased, and basis for your right to receive the property (named in Will, intestate heir, etc.)
7. Your signature under penalty of perjury

Some institutions require the affidavit to be notarized — call ahead to confirm their requirements. Bring the original death certificate and any supporting documents (Will, trust certificate, etc.).

Worked Examples

What If the Institution Refuses?

Under Probate Code §13105, a person who refuses in good faith to pay or transfer property upon presentation of a valid §13100 affidavit is not liable for the refusal. However, an institution that acts in good faith in reliance on a valid affidavit is fully protected — they cannot be held liable even if the affidavit later turns out to be incorrect.

In practice, most major California banks have established procedures for processing §13100 affidavits. Some require them to be reviewed by a branch manager. Call the bank's estate services line ahead of time to understand their specific requirements.

California vs. Other Western States