Get Small Estate Affidavit California Form 13100

Obtain and complete the California small estate affidavit. You must obtain the form used by the probate court in the county where the deceased was a resident. You can obtain it in person or by accessing your court's self-help center online and downloading the form there.

The California small estate affidavit, called a Petition to Determine Succession to Real Property, is used by successors in interest to a person who died to collect real and personal property totaling $166,250 or less in California. It cannot be filed until 40 days have elapsed since the person died.

If the assets are valued at $166,250 or less, the estate is considered a small estate under the new California law.

An affidavit or declaration signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries or heirs of the estate. No documents are required to be filed with the Superior Court if the small estates law (California Probate Code Sections 13100 to 13116) is used.