Small Estate Affidavit

How California's Small Estate Affidavit Can Save You Time, Money, and Sanity

A small estate affidavit is California's legal shortcut that lets you bypass lengthy probate proceedings when claiming inherited property worth $184,500 or less, as established under Probate Code § 13100. Think of it as your express pass to collect assets like bank accounts, stocks, vehicles, and personal property without hiring expensive attorneys or spending months in court – you just need to wait 40 days after the person's death and file one straightforward document. The process was specifically designed to be "expeditious and inexpensive," as confirmed in the landmark Estate of Heggerness case (2008), making it a game-changer for families dealing with modest inheritances. While this simplified process can save you thousands in legal fees and months of headaches, you'll still need to carefully follow the legal requirements and provide proper documentation, including a death certificate and detailed asset inventory.

California Probate Code § 13100 isn't just legal jargon—it's your financial freedom pass. If your inherited estate is under $184,500, you can bypass the traditional probate nightmare faster than you can say "inheritance."

Why This Matters

• Speed: 40 days after death, you could have your assets

• Cost: Minimal legal fees

• Stress: Practically zero court drama

Your Survival Checklist

1. Death Certificate ✓

2. Asset Inventory ✓

3. Proof of Relationship ✓

4. Patience for 40 Days ✓

Avoid These Inheritance Landmines

• Incorrect asset valuation

• Incomplete paperwork

• Ignoring waiting periods

The Bottom Line

You're not just transferring assets—you're reclaiming your peace of mind, one affidavit at a time.

For more information, visit www.occourts.org/self-help.