Detailed Answer
Under California law, a small estate affidavit lets qualifying heirs claim personal property without formal probate. California Probate Code §13100 sets a value limit and defines eligible property. See §13100(a): leginfo.ca.gov – Probate Code §13100.
To prepare a small estate affidavit, gather the following key documents:
- Certified Death Certificate: Obtain an official copy from the county recorder’s office. This proves the decedent’s date of death.
- Affidavit Form (Judicial Council Form DE-305): This Judicial Council form is the approved template for a small estate affidavit. It includes statements about the value of assets and the identity of heirs.
- List of Heirs and Beneficiaries: If the decedent left a will, attach a copy. If there is no will, identify heirs under Probate Code §13102: Probate Code §13102.
- Statement of Assets: Collect recent account statements, certificate of deposit records, retirement account balances or insurance policies. Ensure the total value of all personal property does not exceed the statutory limit (see §13100).
- Title Documents (if applicable): For vehicles, complete California DMV Form REG 19 (Affidavit for Transfer Without Probate). Include the vehicle’s title or pink slip.
- Real Property Affidavit (if real estate involved): If you claim real property under the small estate process (up to the statutory limit), use Probate Code §13151 procedures and attach Judicial Council Form DE-147 (Affidavit and Notice of Succession to Real Property).
- Oath or Declaration: The affiant must sign under penalty of perjury, swearing that all statements are true to the best of their knowledge.
Once completed, file the affidavit and supporting documents with the county probate court clerk in the decedent’s last residence. After a waiting period (usually 15 business days for claims), you may collect or transfer assets according to the court’s instructions.
Helpful Hints
- Verify asset values on the date of death, not current market value.
- Check for outstanding debts: small estate law does not delay assets for creditor claims beyond the standard waiting period.
- Keep certified copies of all filings; courts and financial institutions may require them.
- Confirm the county court’s local rules—some courts have filing fees or require an index number.
- When in doubt, speak with a probate attorney to review your affidavit before filing.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult a qualified attorney about your specific situation.