Small estate affidavit to transfer personal property
If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to you. You give this Affidavit to the person, company, or financial institution (such as a bank) that has the property so that they can legally transfer it to your name.
Before you start
Make sure you qualify to use this process
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The estate is "small," which means it is valued under a set amount
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. If the decedent died before April 1, 2022, the estate is small if it is valued at $166,250 or less. Check the current small estate limits to be sure what applies in your situation. Find out how to value an estate in simple procedures to transfer an estate.
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You cannot use this type of Affidavit to transfer real property (like a house, building, or land)
You must use a different process to transfer real property. For example, in some cases, you can use the Affidavit re Real Property of Small Value (form DE-305).
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There is no formal probate case opened yet
You cannot use this process if there is already a probate case about the person's estate. If there is, you need to get written permission from the personal representative to use the Affidavit.
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At least 40 days have passed since the person died
You cannot start this process unless at least 40 days have passed since the person passed away.
If you are not sure if this is the right or best process for you, talk to a lawyer. It can be hard to decide whether this is the right process for your situation.
How to use the small estate affidavit to transfer property
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Gather documents you need
You will need:
- A certified copy of the death certificate
- Proof that the decedent owned the property (like a bank passbook, bank statement, storage receipt, or stock certificate)
- Proof of your identity (like a driver's license or passport)
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Fill out Affidavit
Ask the company or institution (like a bank) that has the property if they have an Affidavit for you to use. Many companies and institutions have their own and will want you to use their version.
If they do not have their own Affidavit forms, a local court's Self-Help Center may have a sample that you can use or you can find one at a law library, like the sample Affidavit form from the Sacramento Law Library.
You can either list all the property in one Affidavit or use a different Affidavit for each item of property.
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Attach documents to the Affidavit
- A certified copy of the death certificate
- Proof that the decedent owned the property (like a bank statement, storage receipt, or stock certificate)
- Proof of your identity (like a driver's license or passport)
If the person owned real property (like a building, land, or a house), you need to fill out and attach Inventory and Appraisal (form DE-160). You will need to get this form signed by a probate referee. Contact the probate department in the court to find out how to do this. If there is no real property, then you do not need this form.
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Have the Affidavit notarized
Legally, you are not required to have the Affidavit notarized. But many institutions will ask you to do so, so it may be a good idea to notarize it before you try to use it to transfer the property.
If there are other people entitled to inherit the property, they must also sign the Affidavit.
This shows you all agree that the property listed on your Affidavit can be transferred to you.
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Take Affidavit to person or company that has the property
To have the property transferred to you, give the Affidavit to the person, company, or bank that has the property now.
Sometimes the bank or institution is not familiar with the probate process or laws. They may tell you that they need "Letters." Letters means that you filed a petition for probate and the probate court ordered you appointed as personal representative and gave you a certificate (the letters) to show that you are authorized to act on behalf of the estate and have the legal right to access the person's property.
You may need to talk to the company or institution's manager or legal department. You can refer them to California Probate Code sections 13100 to 13106.