Small Estate Affidavit §13100 in California: Skip Probate Without a Lawyer
The content of this article is informational only and does not constitute legal advice. Multi Servicios 360 is not a law firm. If you need advice specific to your situation, consult a licensed attorney in California.
# Small Estate Affidavit §13100 in California: Skip Probate Without a Lawyer
A close family member passed away. There's money in their bank account, a car in their name, maybe some furniture or small investments.
And you're wondering: Do I need a lawyer? Do I have to go to court? How long is this going to take?
The good news: if the deceased's total estate in California is less than $184,500, there is a simplified process that can be completed without a lawyer, without court, and in weeks — not years.
It's called the Small Estate Affidavit under California Probate Code §13100.
What Is the §13100 Affidavit?
It's a legal document that allows the rightful heir or successor to claim the deceased's assets directly from banks, the DMV, or other institutions — without needing to open a formal probate proceeding.
California recognizes that not every estate justifies a costly court process. That's why this accessible mechanism exists for families with moderate-value assets.
When Can You Use It?
You can use the §13100 Affidavit when all of these conditions are met:
1. The deceased passed away at least 40 days ago You cannot use it immediately. You must wait 40 days from the date of death. 2. The total California estate value is less than $184,500 This limit applies to all assets without a designated beneficiary or held in trust. It is updated every 3 years. 3. No probate proceeding is currently open If a formal probate case is already filed in court, this document does not apply. 4. You are the legal successor This includes the surviving spouse, a beneficiary named in a will, or a legal heir under California intestate succession laws.What Assets Can Be Claimed?
With the §13100 Affidavit you can claim:
- •Bank accounts — by presenting the affidavit directly to the bank
- •Vehicles — through the California DMV (also requires REG 5 form)
- •Stocks and financial assets — with the broker or financial institution
- •Unpaid wages and final paychecks — up to a certain amount
- •Small retirement accounts — if no beneficiary was designated
- •Personal property and tangible items of low value
What Assets CANNOT Be Claimed With This Document?
Some assets are not subject to this process because they have their own transfer mechanism:
- •Assets in a Living Trust → transfer according to the trust terms
- •Accounts with a designated beneficiary (TOD/POD) → pass directly to the beneficiary
- •Assets held in joint tenancy with right of survivorship → pass to the co-owner
- •Real property (homes, land) → require a different legal process
- •Estates above the limit → require formal probate
Documents You'll Need to Gather
Before preparing your Affidavit, collect:
| Document | Purpose |
|---|---|
| Certified death certificate | Prove the person is deceased |
| Your photo ID | Verify your identity with institutions |
| Will (if one exists) | Show you are the designated heir |
| Account statement or asset title | Identify the specific asset being claimed |
| Birth or marriage certificate | If inheriting as a family member without a will |
Step-by-Step Process
Step 1: Wait 40 days California law requires this mandatory waiting period. Step 2: Prepare your §13100 Affidavit The document must include your name, relationship to the deceased, description of the assets, and your declaration under penalty of perjury that you meet the requirements. Step 3: Notarize the document The Affidavit must be signed before a notary public. This step is required — without notarization, institutions will not accept it. Step 4: Present it to the institution Bring the notarized document, death certificate, and your ID to the bank, DMV, or other institution holding the assets. Step 5: The institution has 10 days to respond Once they receive complete documentation, the institution must transfer the assets within 10 days.Small Estate Affidavit vs. Formal Probate
| | §13100 Affidavit | Formal Probate |
|---|---|---|
| Cost | Minimal ($149 + notary) | $5,000–$25,000+ in fees |
| Timeline | 6–8 weeks | 12–24 months |
| Court required | No | Yes |
| Attorney required | No | Usually yes |
| Asset limit | Under $184,500 | No limit |
Frequently Asked Questions
What if the bank rejects my affidavit? Some banks have stricter internal policies. If that happens, you may need a simple court order called a "Petition for Order Determining Succession to Property" (§13150). Consult an attorney if you reach that point. Can I use this for assets outside California? No. Each state has its own laws. This affidavit only applies to assets located in California. Do I need a separate document for each asset? Not necessarily — you can include multiple assets in the same affidavit, as long as the total is under the limit. What if there are multiple heirs? All heirs must sign the affidavit, or one may act on behalf of the others with a written authorization.Ready to Prepare Your §13100 Affidavit?
At Multi Servicios 360, we guide you step by step to prepare your Small Estate Affidavit from home, in Spanish or English.
Our system includes the California notary acknowledgment form attached to the PDF — you only need to take the document to a notary public.
Starting at $149 — no lawyer, no court, no complications.Multi Servicios 360 is a document preparation platform. We are not a law firm and do not provide legal advice. If your situation is complex, please consult a licensed California attorney.
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