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File at the Probate Court Use the Court Locator and find the probate court where the decedent was a resident. The State filing fee is $435. Request further instructions from the court clerk on the process in the county.
The form must include: The witnesses' names and addresses. Relationships to the decedent. Decedent's date of death. Decedent's marital history. Decedent's family history (children, grandchildren, parents, siblings, nieces/nephews)
If there is a will, a small estate affidavit CANNOT be used whether the will has been offered for probate or not. 2 More than thirty (30) days must have passed since the date of death.
Obtain 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. You can obtain it in person or by accessing your court's self-help center online and downloading the form there.
When filing the small estate affidavit: Once you've completed all of the requirements needed to file an affidavit for collection of personal property, it's important that you must file the affidavit in the probate court the deceased resided.