How much can be transferred using small estate methods?

California law has several provisions for handling decedent’s estates without a formal probate. These include collecting personal property, such as bank accounts; transferring real estate appraised under a certain dollar amount, family set-asides, property with a designated beneficiary, and some jointly-owned property.

Many of these are only available when the property The limits for using small estate affidavit, real property of small value, depend on when the owner of the property died. For deaths after 2022, you can find the values on DE-300.

The amount eligible for collection has changed over the years. It is measured on the date of death of the person who owned it.

In 2019, the legislature added a provision to automatically update the amounts every three years, to keep up with inflation. (Cal. Probate Code § 890.) The amounts in effect were therefore updated in 2022 and 2025 without new legislation.

However, occasionally heirs are clearing up ownership of property owned by someone who died longer ago than that. The dollar amounts can be hard to find for those dates of death.

Affidavit for Collection of Personal Property (also called Small Estate Affidavit)

This affidavit is authorized by California Probate Code Section 13100.

• Death after April 1, 2025: $208,850 (gross value of real estate and personal property) (Stats 2019 ch 122 § 5)
• Death between April 1, 2022 and March 31, 2025: $184,500 (gross value of real estate and personal property) (Stats 2019 ch 122 § 5)
• Death between January 1, 2020 and March 31, 2022: $166,250 (gross value of real estate and personal property) (Stats 2019 ch 122 § 5)
• Death between January 1, 2012 and December 31, 2019: $150,000 (gross value of real estate and personal property) (Stats 2011 ch 117 § 4)
• Death between January 1, 1997 and December 31, 2011: $100,000 (Stats 1996 ch 862)
• Death Between January 1, 1986 and December 31, 1995: No more than $10,000 in real property, and no more than $60,000 in real and personal property combined. (Stats 1985 ch 982 § 15)
• Death between January 1, 1974 and December 31, 1985: No real property, no more than $10,000 personal property. (Stats 1974 ch 602 § 1)
• Death between January 1, 1931 and December 31, 1973: No real property, no more than $1000 personal property. (Stats 1931 ch 1089).

Stats 1931 ch 1089 : No real property, no more than $1000 personal property.

Stats1974 ch 602 § 1. No real property, no more than $10,000 personal property.

Stats 1985 ch 982 § 15. No more than $10,000 in real property and no more than $60,000 in real and personal property combined.

1996 Amendment: 

Substituted “one hundred thousand dollars ($100,000)” for “sixty thousand dollars ($60,000)” in the introductory clause. (As amended Stats 1996 ch 862, compared to the section as it read prior to 1996. This section was also amended by an earlier chapter, ch 86. See Gov C § 9605.)

2011 Amendment: 

Substituted “one hundred fifty thousand dollars ($150,000)” for “one hundred thousand dollars ($100,000)” in the introductory clause.

2019 Amendment (ch 122): 

Substituted “one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890,” for “one hundred fifty thousand dollars ($150,000)” in the introductory language.

2024 Amendment (ch 331): 

Added “and any property included in a petition filed under Section 13151” in the introductory language.