California Small Estate Affidavit Form
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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FAQ
California Small Estate Affidavit InstructionsObtain 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.Include attachments.Obtain other signatures.Get the documents notarized.Transfer the property.
Use the Court Locator and find the probate court where the decedent was a resident. The State filing fee is $435.
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.
If the heirs are only looking to transfer the real estate, with no personal possessions, Form DE-310 must be completed and filed. Signing Requirements Must be notarized (Prob. Code § 13104(e)).
