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A small estate affidavit allows the heirs of an estate to bypass the probate process and take immediate possession of the property. Please note this affidavit is only to be used to claim a debt or personal property.The transfer of real estate or real property is not allowed. A small estate affidavit is a sworn legal document that an heir can use to assert a claim to assets from the estate of someone who has died. The person is a beneficiary named in the will of the decedent. If there is a will, you must attach a copy of the will to this Affidavit. Is the Affidavit for Transfer of Title to Real Property completely filled out, with all questions answered? A certified copy of the death certificate is submitted with this affidavit. 2. In some situations, probate can be avoided in California with a Small Estate Affidavit. A helpful alternative to probate is a "small estate affidavit.