Affidavit re Real Property of Small Value vs. Full Probate in California: Which Applies?
Affidavit re Real Property of Small Value is a narrower, faster alternative to full probate in California — available only when the estate meets Probate Code § 13200's conditions (at or under $69,625 (California real property only, a separate and much lower cap than the personal-property Small Estate Affidavit's $208,850 (effective 4/1/2025; adjusted every 3 years under Probate Code § 890))). Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
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What makes Affidavit re Real Property of Small Value different from full probate
Affidavit re Real Property of Small Value is a narrower, faster alternative to full probate in California — available only when the estate meets Probate Code § 13200's specific conditions (non-exempt property at or under $69,625 (California real property only, a separate and much lower cap than the personal-property Small Estate Affidavit's $208,850 (effective 4/1/2025; adjusted every 3 years under Probate Code § 890))). Full probate has no such ceiling and no comparable shortcut; it's the default process every estate falls back into once it doesn't meet a narrower mechanism's conditions.
When an estate is pushed into full probate instead
- The estate exceeds the $69,625 (California real property only, a separate and much lower cap than the personal-property Small Estate Affidavit's $208,850 (effective 4/1/2025; adjusted every 3 years under Probate Code § 890)) cap. Even one dollar over the statutory line under Probate Code § 13200 disqualifies affidavit re real property of small value entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- Real property's gross value exceeds $69,625. The cap applies to the gross value of the decedent's California real property, adjusted every 3 years under Probate Code § 890 — this is a separate, much lower cap than the personal-property affidavit's $208,850, and gross value (not equity after a mortgage) is what's tested.
- Filed before 6 months have passed since the date of death. Unlike the personal-property affidavit's 40-day wait, this mechanism requires at least 6 months to have passed since death before filing.
Why it's worth checking first: full probate is slower and typically far more expensive than affidavit re real property of small value — a probate attorney typically charges $1,500–$4,200+ for the more limited process this kit covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Affidavit re Real Property of Small Value in California.
Once you know which path applies, here's the next snag
Whichever mechanism fits, presenting it to the asset holder is where families lose time. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.