A plain-English guide to Probate Code § 13100 for certain California personal property
When a loved one passes away, one of the first practical questions is whether a bank account or other asset can be transferred without opening a full probate case. In some California estates, the answer is yes.
What It Is
A California small estate affidavit is a simplified procedure that may allow a successor to collect certain personal property without a formal probate administration. In practical terms, it is a sworn statement given to the person or institution holding the asset, asking that the property be paid, delivered, or transferred to the person legally entitled to receive it.
For deaths on or after April 1, 2025, the current threshold for this procedure is $208,850.
When It Can Help
This procedure can be helpful when a loved one dies with qualifying personal property in an individual name and the estate falls within California’s small-estate rules.
It is often used for assets such as bank accounts, brokerage accounts, tangible personal property, and certain other rights or interests that can be transferred without opening a full probate administration.
When It May Not Be the Right Fit
A small estate affidavit under Probate Code § 13100 is not the tool for transferring California real property, such as a house or land.
It also is not available immediately after death. California law requires a waiting period of 40 days after death before the affidavit procedure can be used, and the affidavit must include specific statements and supporting documents.
In addition, not every estate that seems “small” will qualify. The value analysis follows California’s statutory rules, and some assets may be counted differently or excluded from the calculation.
A Related Point to Know
In many situations, this procedure is used when no probate proceeding has been opened. But in some cases, qualifying personal property may still be collected by affidavit if the decedent’s personal representative gives written consent.
Why Careful Review Still Matters
A small estate affidavit can be a very practical shortcut, but it is not one-size-fits-all. A careful review can help confirm whether the estate qualifies, whether the asset fits this procedure, and whether the correct person is signing.
That kind of review can help families avoid delay, rejected paperwork, and unnecessary expense.
We Can Help
At Pederson Law Offices, we help families determine whether Probate Code § 13100 applies and whether a small-estate affidavit is the right next step for the asset involved. A focused review at the beginning can make the process clearer and help families move forward with more confidence.
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Please note: This blog post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Consult with a qualified attorney at Pederson Law Offices for advice on your specific circumstances
