California Small Estate Affidavit Form (Form 23)

• Maximum Amount: $208,850; this limit is adjusted for inflation every three years. ^[1][2]
• Signing Requirements: Signed under penalty of perjury; notarization is not required by statute, but some banks and institutions require it before releasing assets.^[3]
• Where to File: The personal property affidavit is presented directly to the person or institution holding the asset (not filed with the court).^[4][5]
• When to File: 40 days after death.^[6]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[7]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse keeps all community property.^[8] For the decedent’s separate property, the spouse receives all of it if the decedent left no children, parents, siblings, or their descendants; one-half if the decedent left one child (or one deceased child’s descendants), or no children but a parent or sibling; and one-third if the decedent left more than one child.^[9]
• No Spouse, Children: The separate property that does not pass to the spouse goes to the children equally, with a deceased child’s share passing to that child’s descendants. If there is no surviving spouse, the children take the entire estate.^[10]

Step 1 – Wait the Required Period

For the personal-property affidavit, at least 40 days must pass after the death.^[11][12]

Step 2 – Choose the Correct Procedure and Confirm the Value Limit

For a death on or after April 1, 2025, the statutory estate calculation for the personal-property affidavit must be $208,850 or less. Use the statutory exclusions when calculating the applicable limit; debts and mortgages generally are not subtracted from the gross-value calculation.^[13][14]

Step 3 – Complete the Correct Document

Prepare the affidavit required by Probate Code § 13101 for personal property.^[15][16]

Step 4 – Attach the Supporting Documents

Attach a certified copy of the death certificate. Have a personal-property affidavit notarized if the holder of the asset requires notarization.^[17][18]

Step 5 – Present or File the Document

Present the personal-property affidavit and death certificate to the bank, employer, or other asset holder.^[19][20]