Small Estate Affidavit vs. Full Probate in California: Which Applies?
Small Estate Affidavit is a narrower, faster alternative to full probate in California — available only when the estate meets Probate Code § 13100's conditions (at or under $208,850 (personal property only, excluding real property and property excluded under § 13050 (effective 4/1/2025; adjusted every 3 years under Probate Code § 890 — do not use the stale $184,500 or $239,700 figures))). 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 Small Estate Affidavit different from full probate
Small Estate Affidavit is a narrower, faster alternative to full probate in California — available only when the estate meets Probate Code § 13100's specific conditions (non-exempt property at or under $208,850 (personal property only, excluding real property and property excluded under § 13050 (effective 4/1/2025; adjusted every 3 years under Probate Code § 890 — do not use the stale $184,500 or $239,700 figures))). 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 $208,850 (personal property only, excluding real property and property excluded under § 13050 (effective 4/1/2025; adjusted every 3 years under Probate Code § 890 — do not use the stale $184,500 or $239,700 figures)) cap. Even one dollar over the statutory line under Probate Code § 13100 disqualifies small estate affidavit entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- Filed before the 40-day waiting period has elapsed. At least 40 days must have passed since the date of death before the affidavit can be used — filing or presenting it early is an avoidable rejection.
- A probate case is already open, or a § 13151 petition is pending. The affidavit is not available if a petition for probate of the decedent's estate has been granted, or a petition under § 13151 (California's small-estate court petition alternative) is pending, for the same property.
Why it's worth checking first: full probate is slower and typically far more expensive than small estate affidavit — a probate attorney typically charges $1,500–$4,200+ for the more limited process this guide 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 Small Estate Affidavit 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.