SEO METADATA — EDITOR REFERENCE

Title Tag: California Small Estate Affidavit (§13100): Skip Probate for Estates Under $208,850 - ProbatePedia

Meta Description: Use California's Small Estate Affidavit to claim bank accounts, stocks, and vehicles without probate — for estates under $208,850. Step-by-step guide, required statutory language, DMV instructions, and downloadable template.

California Small Estate Affidavit (§13100): Skip Probate for Estates Under $208,850

Last Updated: March 2026 • Covers Probate Code §13100–§13210 | Reading time: ~9 minutes

What Is the California Small Estate Affidavit?

The Small Estate Affidavit — formally called the Affidavit Procedure for Collection or Transfer of Personal Property — is a sworn declaration that allows an heir or beneficiary to claim personal property from a deceased person's estate without opening a probate proceeding in court.

It works because California law (Probate Code §13100) requires financial institutions, the DMV, and other asset holders to honor a properly executed affidavit and release the assets to the person presenting it, as long as the statutory requirements are met. The institution is legally protected when it complies — it cannot be held liable by the estate, other heirs, or creditors for releasing assets based on a valid affidavit.

The procedure is available to any person who is entitled to the property under the decedent's will, or — if there is no will — under California's intestate succession laws.

Who Qualifies? The 2026 Eligibility Requirements

All five of the following conditions must be satisfied to use the §13100 affidavit procedure:

| ContentDetailContentNotes** | | --- | --- | --- | | 1. Estate value at or under threshold | $208,850 gross value of all personal property subject to probate in California | Threshold effective April 1, 2025; next adjustment April 2028 (§890) | | 2. 40-day waiting period has passed | At least 40 days have elapsed since the date of death | Cannot be waived; must count from actual date of death on death certificate | | 3. No pending or completed probate | No probate proceeding has been opened, is currently pending, or has been completed for the estate | If probate is already open, this procedure is unavailable | | 4. Affiant is entitled to the property | The person signing the affidavit is the successor under the will, or under intestate succession if no will | Must state the legal basis for entitlement in the affidavit itself | | 5. Personal property only | The procedure covers personal property only — bank accounts, vehicles, investments, personal belongings | Real estate requires a separate procedure (TOD deed, §13150 petition, or probate) |

How Is the $208,850 Threshold Calculated?

The threshold applies to the total gross value of all personal property that would otherwise go through probate — meaning assets held solely in the decedent's name, with no surviving joint owner or named beneficiary.

Critically, the following assets are NOT counted toward the $208,850 limit because they are not probate assets:

• Bank accounts with a named POD (Payable-on-Death) beneficiary
• Brokerage accounts with a named TOD (Transfer-on-Death) beneficiary
• IRAs, 401(k)s, and other retirement accounts with a named beneficiary
• Life insurance with a named beneficiary
• Assets held in a living trust
• Real estate held in joint tenancy, community property with right of survivorship, or with a TOD deed

Example:

Maria dies with: $80,000 in a bank account (no POD), $60,000 in a brokerage account (no TOD), a $25,000 car (her name only), and $150,000 IRA naming her daughter as beneficiary. The IRA passes directly to the daughter and does not count. The three remaining assets total $165,000 — well under $208,850. Her son can use the §13100 affidavit to claim the bank account, brokerage funds, and vehicle.

What Assets Can (and Cannot) Be Claimed with the §13100 Affidavit

| ContentCan Use §13100?ContentNotes** | | --- | --- | --- | | Bank accounts (checking, savings, CD) | Yes | Present affidavit + death certificate to bank | | Brokerage / investment accounts | Yes | Some brokerages have their own forms; §13100 still controls | | Stocks and bonds (certificated) | Yes | May need to contact transfer agent | | Vehicle (car, truck, motorcycle) | Yes — via DMV Form REG 5 | Specific DMV process; see below | | Boat or vessel (documented with USCG) | Yes | Contact USCG National Vessel Documentation Center | | Wages / salary owed to decedent | Yes — up to $15,000 without affidavit (§13600) | Employer can pay directly to surviving spouse/children | | Money owed to decedent (debts, loans) | Yes | Debtor must honor affidavit | | Safe deposit box contents | Yes — with court order or notarized affidavit | Banks vary; some require Letters or court order to open box | | Personal property (furniture, jewelry, etc.) | Yes — if no dispute | Practical for uncontested situations; no institutional step needed | | Real estate (any type) | No | Requires TOD deed, §13150 petition, or full probate | | Timeshares | Generally No | Treated as real property in most cases | | Mobile home on rented land | Possibly — depends on registration | If registered as vehicle (HCD), may qualify; if on permanent foundation, treated as real property |

Step-by-Step: How to Use the §13100 Affidavit

The affidavit procedure has no court filing and no required form — California law specifies the content that must be included, but not the exact format. Here is the complete process:

STEP 1 Wait 40 Days from the Date of Death

This waiting period is mandatory and cannot be shortened. Count from the date shown on the death certificate.

The 40-day period gives creditors, other potential heirs, and interested parties time to become aware of the death before assets are transferred. If you attempt to use the affidavit before 40 days have passed, the institution is not legally required to honor it.

STEP 2 Obtain a Certified Copy of the Death Certificate

You will need at least one certified copy per institution. Order from the County Recorder or Vital Records office.

Death certificates are issued by the county where the death occurred. In California, certified copies are typically $21–$25 per copy (fees vary by county). Order enough copies to present to each bank, brokerage, and the DMV separately — institutions keep the copy you provide and will not return it.

In Los Angeles County, certified copies can be ordered online through the LA County Registrar-Recorder/County Clerk. Most counties offer online ordering through VitalChek or their own website.

STEP 3 Determine Who Is Entitled to the Assets

Review the will (if any) or California's intestate succession rules to confirm who the legal successor is.

If the decedent left a valid will, the property goes to the named beneficiaries according to the will's terms. If there is no will, California's intestate succession rules (Probate Code §6400 et seq.) determine who inherits — generally the surviving spouse first, then children, then parents, and so on.

If multiple people are entitled to share an asset, all of them should either sign the affidavit together, or one person should have written authorization from the others to act on their behalf.

STEP 4 Draft the Affidavit — Required Content Under §13101

The affidavit must include specific statutory declarations. Missing any element can cause the institution to reject it.

California Probate Code §13101 specifies the exact statements that must appear in the affidavit. The document does not need to use any particular form, but it must include all of the following:

| ContentWhat It Must State** | | --- | --- | | Decedent's identity | The decedent's name, date of death, and place of death | | Threshold statement | The gross value of all personal property subject to probate in California does not exceed $208,850 | | Waiting period confirmation | At least 40 days have elapsed since the date of death | | No pending probate | No probate proceeding is pending or has been conducted in California for the estate | | Entitlement basis | The affiant's name, and the legal basis for their entitlement (named in will as beneficiary; heir under intestate succession; assignee of such a person, etc.) | | Description of property | A description of the specific property being claimed | | Affiant's declaration | That the affiant requests the property, and is aware of the criminal penalties for making false statements |

Notarization:

Probate Code §13101 does not require notarization of the affidavit itself, but most banks and financial institutions will require notarization as a matter of their internal policy before releasing funds. Have the affidavit notarized to avoid rejection. The DMV REG 5 form has its own notarization requirements. Cost: typically $10–$15 per notarization at most banks, UPS stores, or notary publics.

STEP 5 Attach Supporting Documents

Gather everything the institution will need along with the affidavit.

Standard supporting documents to attach:

• Certified copy of the death certificate
• Copy of the will (if one exists and the affiant is named as a beneficiary)
• Photo ID of the affiant
• Documentation of your relationship to the decedent or your legal basis for entitlement (marriage certificate, birth certificate, court order, etc.) — institutions may ask for this even if not strictly required by statute

STEP 6 Present the Affidavit to Each Institution

Go in person where possible. Mail or courier for institutions without local branches.

Deliver the completed, notarized affidavit — along with the death certificate and supporting documents — to each institution holding the assets you are claiming. The institution is legally required to honor a valid affidavit under §13100.

Each bank or brokerage keeps the documents you submit. This is why you need a separate certified death certificate copy for each institution.

Typical institutional response time: most banks release funds within one to five business days of receiving a valid affidavit. Brokerage accounts may take one to three weeks, particularly if securities need to be liquidated or retitled.

STEP 7 Follow Up If Needed

If an institution refuses, you have options — see below.

Most institutions process §13100 affidavits without issue. If you encounter a refusal, see the section below on what to do.

Transferring Vehicles: Using §13100 with the California DMV

Vehicles titled in the decedent's name alone can be transferred using the California DMV's small estate process — but the DMV has its own specific form and requirements, separate from a general §13100 affidavit.

DMV Form REG 5: Affidavit for Transfer Without Probate

Form REG 5 is the California DMV's official form for transferring a vehicle from a deceased owner's estate without probate. It is available at any DMV field office and for download from the DMV website at dmv.ca.gov.

To use Form REG 5:

• The heir completes and signs the form (notarization required)
• The heir submits the form to the DMV along with the vehicle's pink slip (Certificate of Title), a certified copy of the death certificate, and the applicable transfer fee
• The DMV issues a new title in the heir's name

| ContentDetail** | | --- | --- | | Form | REG 5 — Affidavit for Transfer Without Probate | | Where to get it | Any DMV office or dmv.ca.gov (Forms and Publications) | | Waiting period | 40 days from date of death (same as §13100 generally) | | Notarization | Required on REG 5 | | Transfer fee | Currently $15 (confirm at dmv.ca.gov before filing — electronic BPA/EVR transactions add a $2 processing fee from Jan 2026, but this does not affect REG 5 paper filings) | | Who can use it | Heir under will, intestate successor, or surviving spouse | | Vehicle value limit | Vehicle's value must fall within the overall $208,850 estate threshold | | Applicable vehicles | Cars, trucks, motorcycles, trailers, motorhomes (licensed vehicles) |

Surviving Spouse Special Rule:

A surviving spouse can use a simplified process (REG 5 or a declaration under §13500) to transfer a vehicle that was community property — even if the overall estate exceeds $208,850 — because community property passes directly to the surviving spouse without probate. The spouse should confirm this with the DMV or an attorney if the estate is large.

What If an Institution Refuses to Honor the Affidavit?

Most California banks, brokerages, and the DMV have internal processes for handling §13100 affidavits and will honor a properly completed one. However, refusals do occur — most often for one of these reasons:

| ContentWhat to Do** | | --- | --- | | Affidavit is missing required statutory language | Review §13101 carefully; prepare a corrected affidavit with all required declarations; resubmit | | Institution requires its own form in addition to the affidavit | Ask for the institution's form and complete it alongside the §13100 affidavit; many banks have internal affidavit templates | | Institution claims a notarized affidavit is required | Have the affidavit notarized (even though not strictly mandated by statute for all situations) and resubmit | | Institution believes the estate exceeds $208,850 | Provide documentation showing the calculation — remind the institution that non-probate assets (POD/TOD, retirement accounts, trust assets) do not count toward the threshold | | 40-day period has not yet elapsed | Wait and resubmit after 40 days from date of death | | Institution is concerned about other potential heirs or will disputes | Consult an attorney; may need a court order or formal probate if there is genuine dispute about entitlement | | Institution simply refuses without valid reason | Send a formal written demand citing Probate Code §13100 and §13105; an attorney's letter often resolves this quickly |

If an institution wrongfully refuses to honor a valid §13100 affidavit after a formal written demand, the heir may have a claim for damages under Probate Code §13105. An attorney can advise on whether pursuing this claim is worthwhile given the amounts involved.

What About Real Estate? The AB 2016 Primary Residence Petition

The §13100 affidavit does not cover real estate under any circumstances. If the estate includes real property titled in the decedent's name alone, one of the following is required:

• Transfer-on-Death Deed (if one was recorded before death): The beneficiary claims the property by recording an Affidavit of Death with the county recorder — no court involvement. See our California TOD Deed Guide.
• AB 2016 Simplified Petition (§13150) for Primary Residence: Effective April 1, 2025, heirs can use a simplified court petition to transfer a primary residence worth $750,000 or less in net equity. This requires one court hearing but is far faster and cheaper than full probate.
• Spousal Property Petition (§13650): A surviving spouse can use this simplified petition to confirm title to community property real estate — faster and less expensive than full probate.
• Full Probate: If none of the above applies, full probate is required to transfer real estate. See our California Probate Process Guide.

§13100 Affidavit vs. Other California Small Estate Options

| ContentAsset TypeContentLimitContentCourt Required?ContentTimeContentCost** | | --- | --- | --- | --- | --- | --- | | ContentNo** | 40 days + a few weeks | Essentially free | | ContentOne hearing** | 2–4 months | Filing fee + attorney (optional) | | ContentOne hearing** | 2–3 months | Filing fee + attorney | | ContentNo** | Days to weeks after death | Recording fee only | | ContentFull court process** | 12–18+ months | 4–8%+ of gross estate |

⚡ Download our California Small Estate Affidavit Template ($9) — pre-filled with all required §13101 statutory language, space for your specific asset details, and step-by-step filing instructions for banks, brokerages, and the DMV.

Special Rule: Wages and Salary (§13600) — No Waiting Period

If the decedent was owed unpaid wages, salary, or other compensation by an employer at the time of death, California Probate Code §13600 provides an even simpler procedure — and it does not require the 40-day waiting period.

An employer can pay up to $15,000 in unpaid wages directly to a surviving spouse, or if no surviving spouse, to the decedent's children (in equal shares), without any affidavit, court order, or waiting period. The employee's representative simply presents a written request and a death certificate to the employer.

This $15,000 cap applies per employer, not per estate. If wages owed exceed $15,000, the excess can still be claimed using the §13100 affidavit (if the estate is otherwise within the $208,850 threshold), or through probate.

Frequently Asked Questions

Does the §13100 affidavit require a specific court form?

No. California law does not mandate a specific form for the §13100 affidavit. What matters is that the affidavit contains all of the required statutory declarations listed in §13101. However, many counties and financial institutions have created their own suggested templates. The Judicial Council form DE-300 is available as a reference, and our downloadable template includes all required language.

Can I use the §13100 affidavit if there is a will?

Yes. The existence of a will does not prevent use of the §13100 affidavit, as long as all other eligibility requirements are met. If you are the named beneficiary in the will and the estate qualifies under the $208,850 threshold, you can use the affidavit to claim your share of personal property without probating the will. However, if the will is contested, or if there are questions about its validity, the §13100 procedure is not appropriate — formal probate is needed to resolve those disputes.

What if the estate has both personal property and real estate?

You can use the §13100 affidavit for the personal property portion of the estate, and handle the real estate separately through a TOD deed claim, the AB 2016 simplified petition, or full probate, depending on how the real estate was held and its value. The two procedures are independent — using the affidavit for personal property does not affect how real estate is handled.

What if multiple heirs disagree about who is entitled to the assets?

The §13100 affidavit is not appropriate when there is a genuine dispute about who is entitled to inherit. If heirs disagree — for example, if one sibling believes they were disinherited unfairly, or if there are competing wills — the estate should go through formal probate, where the court can resolve the dispute. Using a §13100 affidavit when entitlement is contested can expose the affiant to personal liability.

What happens if someone lies on a §13100 affidavit?

Submitting a false affidavit is a crime under California law. Probate Code §13101 requires the affidavit to include a declaration that the affiant is aware of the criminal penalties for making willfully false statements. A person who fraudulently claims assets using a false affidavit can face both criminal prosecution and civil liability to the rightful heirs for the full value of the assets claimed, plus damages.

The bank says my estate is over the limit. What do I do?

First, verify your calculation. Remember that accounts with named beneficiaries, retirement accounts, and trust assets do not count toward the $208,850 threshold. Prepare a written summary showing exactly which assets are included in your calculation and why non-probate assets are excluded. If the bank still disputes the threshold, you can escalate to their legal or estate department, or consult an attorney who can send a formal demand letter citing §13100 and §13105.

Can I use the §13100 affidavit to claim assets in another state?

No. The §13100 procedure is a California law and applies only to personal property located in California. If the decedent owned personal property in another state — for example, a bank account at a bank chartered in Nevada — you would need to consult that state's small estate laws. Most states have their own equivalent procedures, but the thresholds and requirements differ significantly.

How long does a bank typically take to process a §13100 affidavit?

Most California banks process §13100 affidavits within one to five business days after receiving a complete package (affidavit, death certificate, and any required supporting documents). Some larger national banks with centralized estate departments may take one to two weeks. Brokerage accounts with publicly traded securities typically take one to three weeks, as the securities may need to be liquidated or retitled before funds can be released.

Does the §13100 affidavit cover safe deposit boxes?

This varies by institution. Under California Probate Code §331, a bank may allow a person presenting a death certificate to access a safe deposit box for the limited purpose of retrieving a will, burial instructions, or a trust document — but not to remove other contents. To remove the contents, most banks will require either a valid §13100 affidavit covering the box contents, or court-issued Letters (from probate). Check with the specific bank before visiting, as policies differ.

Ready to Use the §13100 Affidavit?

For eligible estates, the §13100 affidavit is one of the most practical legal tools in California — free to use, requiring no court, and typically completed in a matter of weeks rather than months. The key is drafting it correctly, with all required statutory language, to avoid rejection at the institution.

Download the California Small Estate Affidavit Template — $9

Includes: §13100/§13101 compliant affidavit · DMV Form REG 5 instructions · Cover letter template for banks · Calculation worksheet for the $208,850 threshold

→ Download Now

Not Sure If Your Estate Qualifies?

A California estate planning attorney can review the estate in 30 minutes and tell you exactly which procedure applies. Many offer a free initial consultation.

→ Find a California Probate Attorney Near You

probatepedia.com · /california/small-estate/affidavit-13100/ · CA-3 of 10 · v1.0 March 2026 · Data verified