Small Estate Procedures
Not every estate requires full probate. California provides simplified procedures for small estates (under $239,700 for date of death on or after April 1, 2026), spousal transfers, and real-estate-only transfers. These procedures resolve in 60 to 90 days — not 12 to 24 months — and dramatically reduce fees.
The right procedure depends on the size of the estate, what is in it, and who the surviving family members are.
An estate that is 95% community property between spouses may need only a Spousal Property Petition — not full probate.
The Spousal Property Petition
Under Cal. Probate Code § 13650 et seq., a surviving spouse (or registered domestic partner) can use a Spousal Property Petition to confirm community-property and quasi-community-property assets pass to them — without opening full probate.
What qualifies
- Community property of any value.
- Quasi-community property of any value.
- Separate property the decedent specifically left to the spouse by will.
How it works
- Surviving spouse files Form DE-221, Spousal Property Petition.
- Notice is given to other interested parties.
- Hearing held 30-60 days later, depending on the county.
- If unopposed, the court issues an order confirming the spouse’s ownership.
The Small Estate Affidavit (under $239,700)
Under Cal. Probate Code § 13100 et seq., if the total value of the decedent’s probate assets is $239,700 or less, heirs can collect personal property by sworn affidavit:
- Wait 40 days after death.
- Sign a Small Estate Affidavit listing the specific asset and the heir’s right to it.
- Present the affidavit to the bank, brokerage, or holder of the asset.
- The holder is legally protected when releasing the asset to the affiant.
What counts toward the $239,700 limit
Only probate assets count. Assets held in trust, joint tenancy, with beneficiary designations, or as community property with right of survivorship do not count toward the threshold.
Real-property-only transfers
For estates where the only major probate asset is California real estate worth 750,000 or less, Cal. Probate Code § 13150 provides a streamlined Petition to Determine Succession to a Primary Residence. Filed on Form DE-310, it confirms title without full probate administration.
For smaller real estate — up to 69,625— an Affidavit re Real Property of Small Value (Form DE-305) can be recorded directly with the county.
Which procedure is right?
| Situation | Best procedure | Timeline (Depending on County) |
|---|---|---|
| Surviving spouse, mostly community property | Spousal Property Petition | 60-90 days |
| Total estate ≤ $239,700, no real estate | Small Estate Affidavit | 40 days after death |
| Real estate only, ≤ $69,625 | Affidavit re Real Property of Small Value | ~30 days |
| Primary residence only, ≤ $750,000 | Petition to Determine Succession to Primary Residence | 60-90 days |
| Estate above thresholds or contested | Full probate | 12-24 months |
Frequently asked questions
- How is the limit calculated?
- Only probate assets count — not trust assets, not joint tenancy property, not life insurance with a beneficiary, not retirement accounts with a beneficiary. The threshold is on what would otherwise have to go through probate.
- Can I use the Small Estate Affidavit for a house?
- Not the standard Small Estate Affidavit (§ 13100), no — that one is for personal property only. For real estate, use the Affidavit re Real Property of Small Value (§ 13200) or the Petition to Determine Succession (§ 13150).
- How long do I have to wait after death?
- 40 days for the Small Estate Affidavit. The Spousal Property Petition has no waiting period — it can be filed immediately. Real-property petitions require waiting 40 days from death.
- Do I need an attorney for a Spousal Property Petition?
- It is possible to file pro se, but the petition requires precise community-property analysis and proper notice. An error means the court denies the petition or the surviving spouse loses property unnecessarily.
- What if the estate is just over the threshold?
- A few hundred dollars over the small-estate limit forces a full probate. Sometimes careful pre-death planning (paying down small debts, beneficiary designations) keeps the estate qualifying.
Talk to us about your situation
The initial consultation is free and no-obligation. Call (949) 545-6504, send a message below, or email with the topic pre-filled.