Detailed Answer
In California, you can use a small estate affidavit—often called an “affidavit for collection of personal property”—to transfer a decedent’s assets without formal probate if the total value of personal property does not exceed $166,250. For certain real property, you may use a similar procedure when the value of the interest does not exceed $55,425. Follow these steps.
- Confirm Eligibility
• Personal property cap: Probate Code § 13100 allows an affidavit when the aggregate value of personal property is $166,250 or less.
• Real property cap: Probate Code § 13500 permits a summary procedure for real estate interests valued at $55,425 or less.
(Legislative updates may change limits. Always verify current amounts at Probate Code § 13100 and Probate Code § 13500.) - Gather Required Information and Documents
• Decedent’s full name, date of death, and residence at death.
• A certified copy of the death certificate.
• Complete list of personal or real property to transfer, including estimated values.
• Names and addresses of all heirs entitled by statute to share in the decedent’s estate (spouse, registered domestic partner, children, parents, siblings).
• Proof of heirship (birth certificates, marriage certificates, adoption decrees). - Draft the Affidavit
• State your name, address, and relationship to the decedent.
• Describe each asset and its value.
• Swear under penalty of perjury that no probate proceedings are pending and that you are entitled to collect or distribute assets.
• For real property, include a legal description of the property as recorded. - Notarize the Affidavit
• Sign the affidavit in front of a California notary public.
• Ensure the notary completes a certificate of acknowledgment. - Deliver to the Holder
• Present the original affidavit, the death certificate copy, and any supporting documents to the bank, brokerage firm, or title company holding the assets.
• They will verify the documents and release the property to you or distribute it among heirs.
Helpful Hints
- Double-check asset values to stay within statutory limits.
- List every heir to avoid challenges later.
- Keep certified copies of all documents—you may need them for multiple institutions.
- Consult fee schedules: some banks charge a processing fee for small estate affidavits.
- Consider legal advice if assets exceed limits or creditors contest distribution.
Disclaimer: This article provides general information about California law and does not constitute legal advice. Consult a licensed attorney to address your specific situation.