California Small Estate Affidavit

Family members that file a small estate affidavit to claim heirship of their deceased loved one’s real estate use these forms to avoid probate court. The gross total value of the estate may not exceed $150,000, including unpaid wages. The real estate is valued based on the date of the decedent’s death. While successors do not have to immediately file for the small estate affidavit – legally, they must wait at least 40 days before filing – they should do so within a few years. California Probate Code §§13200 – 13210 determines small estate affidavits.

How to Write

Step 1 – Download in Adobe PDF or Microsoft Word (.doc).

Step 2 – Enter the following into the form:

  • Header – Enter Superior Court (See List)
  • Name of Decedent
  • Date of Birth
  • Case Number
  • Check the three (3) boxes depending on your situation
  • Date and Sign
  • Verification – On the last page you will be required to verify that everything you have stated is true and accurate

Step 3 – File the form with the proper clerk or courthouse.