The California Small Estate Affidavit is a legal document completed by the heirs of an estate when a family member has passed away with or without creating a will. We show you how to write a free California Small Estate Affidavit form, the time limits involved and where to file the affidavit with the local superior court.
A California small estate affidavit form is used when the decedent has a limited amount of assets. To qualify in California, the total value of the estate in question must be less than $150,000.
California Small Estate Affidavit Requirements
- The decedent must be a resident of the State of California.
- Falls under Section 13100 of the California Probate Code – Affidavit for Collection of Personal Property.
- Allow forty days to have elapsed since the decedent passed.
- The estate in question must be valued at less than $150,000.
- Must be filed in the local superior court in the jurisdiction of the the estate where the person who passed away is located.
How to Write a California Small Estate Affidavit Form
To fill out a small estate affidavit form for California, in the heading area enter the name of the decedent, the date the decedent passed away and the county where the estate is located. Make sure to check all boxes that apply.
Information needed to complete the affidavit: how many days since the decedent passed, a list of all the heirs, a list of the decedent’s assets and the value of the assets, and a list of all debts of the decedent. Finally, the affiant signs and dates the California small estate affidavit form in the presence of a notary and two witnesses.
Free California Small Estate Affidavit Form
Forty days must have passed since the death of the decedent, then the Califonia small estate affidavit form may be filed in the local Superior court in the county where the decedent passed along with an affirmation that everything in the affidavit is true and correct.
Fill out and print a free California Small Estate Affidavit online.