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Affidavit re Real Property of Small Value This procedure can only be used after 6 months have passed since the date of death. Once the affidavit is filed with the superior court, a certified copy is then recorded in the county where the real estate is located.
To be considered small, the estate must be valued under a set amount. That amount can change from year to year. For example, if the decedent died on April 1, 2022, or later, the estate is small if it is valued at $184,500 or less.
Probate Code section 13100 provides for the collection or transfer of a decedent's personal property without the administration of the estate or probate of the will.
Maximum Value of Small Estate: $166,250?$184,500 To use the affidavit for small estates under Probate Code §13100, the value of an estate must be no larger than $184,500.
Probate Code §§ 13100 ? 13115 provide for a summary procedure to transfer the personal property of a decedent without going through a probate action if the decedent's estate is valued at less than $150,000 and at least forty (40) days have elapsed since the death of the decedent.