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Estate Affidavit Guide

How to File Affidavit re Real Property of Small Value in California: Step by Step

To file Affidavit re Real Property of Small Value in California, you complete the official form under Probate Code § 13200, after the 180-day waiting period following death has passed. Below is the step-by-step walkthrough. This is informational only and is not legal advice; we explain how to use the state's own form — we do not draft it for you.

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Filing Affidavit re Real Property of Small Value in California means completing the official form under Probate Code § 13200, after the 180-day waiting period following death has passed. Here is the full sequence, with the statutory fact behind each step.

  1. Confirm the property's gross value is under $69,625 and at least 6 months have passed since death

    This is a separate, lower cap than the personal-property Small Estate Affidavit's $208,850 — do not confuse the two. The 6-month wait is also longer than the personal-property affidavit's 40-day wait.

  2. Obtain a probate referee's Inventory and Appraisal

    Unlike the personal-property affidavit, this mechanism requires a formal appraisal (Forms DE-160/DE-161) completed by a probate referee appointed by the State Controller for the property's county — budget real time and a referee's fee for this step.

  3. Prepare Form DE-305 with the legal description and Assessor's Parcel Number

    The form requires the property's legal description and Assessor's Parcel Number copied exactly from the deed, along with a statement of the decedent's interest in it. View source →

  4. Attach Form DE-300 (values chart) and confirm no unresolved probate, guardian, or debt issues

    The form requires attesting that no California probate proceeding is pending (or that the personal representative has consented in writing), that any guardian/conservator was served, and that funeral, last-illness, and known unsecured debts are paid.

  5. Sign, have the affidavit notarized, and file it with the Superior Court

    File in the county of the decedent's domicile, or (if not California-domiciled) the county where the property sits. There is no hearing — the clerk reviews the affidavit for completeness.

  6. Obtain the clerk's certified copy and record it with the county recorder

    Once the clerk determines the affidavit is complete, it issues a certified copy (without attachments), which gets recorded with the county recorder — the recorder indexes the decedent as grantor and each successor as grantee. This certified, recorded copy is the document that completes the transfer of record.

The step families get stuck on is presenting the completed filing to a bank, DMV, or title company — see also how long the whole process actually takes once the waiting period passes.

Get the official California form

Download the state's own fill-in instrument directly — never a third-party paywalled copy: Official Affidavit re Real Property of Small Value form . Judicial Council Form DE-305, rev. January 1, 2026 — requires a probate referee's Inventory and Appraisal (Forms DE-160/DE-161) before filing. Filed with the Superior Court in the county of the decedent's domicile (or, if not California-domiciled, the county where the property sits); the clerk then issues a certified copy that gets recorded with the county recorder.

The step that isn't really paperwork

Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.

Email only — we never ask for estate value, family details, or account numbers, and never sell your address.