Laws
- Days After Death – Can only be filed 40 days after the date of the decedent’s death.[1]
- Maximum Amount ($) – $184,500. The Judicial Council’s determination based on the change in the U.S. city average “Consumer Price Index for All Urban Consumers” became effective on April 1, 2022, and it shall apply if the decedent died on or after said date.[2]
- Real Estate – If there is real property as part of the decedent’s estate, Form DE-160 and Form DE-161 (if necessary) must be attached and filed. If the heirs want to transfer real estate but no personal possessions, Form DE-310 must be completed and filed.
- Signing Requirements – Must be notarized.[3]
- Statutes – Collection or Transfer of Small Estate Without Administration (PROB 13000-13211)
How to File (4 steps)
2. Make an Inventory
The total net amount of the estate must be less than $184,500. If less, then complete one of the following:
- Form DE-221 – If the decedent was the filer’s spouse.
- Form DE-160/GC-040 – If the decedent was not the filer’s spouse.
The inventory list cannot include:
- Any mortgage owed, property
- Vehicles, motorcycles, and motor homes;
- Boats and any other type of vessel; and
- Any other restricted items listed in PROB § 13050.
3. Gather Documents
- Small Estate Affidavit – All heirs must sign before a notary public.
- Death Certificate
- Proof of Ownership (of the items on the inventory list)
- Identification (of the person filing the affidavit)
4. File at the Probate Court
Use the Court Locator and find the probate court where the decedent was a resident. The state filing fee is $435. Request further instructions from the court clerk on the process in the county.