California Small Estate Affidavit Kit: Claim Accounts and Belongings

Someone you love has passed away, and their bank accounts, final paycheck, and belongings are still in their name. When the totals are modest, California lets you claim that property with a signed document called a Small Estate Affidavit, with no court case, no hearing, and no judge. This kit walks you through it, one calm step at a time.

What's inside

A guided walkthrough you can follow on your phone or your computer, with the checklists, the templates, and the exact wording you need:

• The Small Estate Affidavit itself (Probate Code 13100-13101), with every required statement written out so you can fill in the blanks.
• A clear breakdown of what counts toward the $208,850 limit and what doesn't, so you don't accidentally rule yourself out.
• A ready-to-use cover letter for the bank, plus what to do when a teller hasn't seen one of these before.
• The notary step, the certified death certificate step, and how to claim from several banks at once.
• The DMV path for a vehicle, and how shared property works when more than one person inherits.
• An honest guide to when you need a different path (a home, a spouse's share) or a lawyer.

Who it's for

The person handling a parent's, a spouse's, or a sibling's affairs, who needs to collect the accounts and belongings and wants to do it right. You can do this, and you'll have a guide that walks with you the whole way.

How it works

Confirm the affidavit fits, add up the property the right way, gather your documents and wait the 40 days, write the affidavit, sign it in front of a notary, then present it to each bank with a certified death certificate. The kit holds your place and gives you the wording at each step.

What you get

Instant access to the full guided kit the moment you buy. It works on any device, and you can save or print it to keep beside you.

Good to know

This kit covers California's Small Estate Affidavit for personal property. If a home or other real estate is involved, the Home Transfer Kit or the Complete Simplified-Probate Kit is the better fit. There's a 7-day refund if it isn't right for you. ClaimKit Help is an educational guide, not a law firm, and this kit gives you information, not legal advice.

Common questions

What is a Small Estate Affidavit?

It's a signed statement, under California Probate Code 13100-13101, that lets you collect a person's personal property without going to court. You give it to the bank or company holding the property, and they transfer it to you.

What's the dollar limit?

For a death on or after April 1, 2025, the gross value of the California personal property you're claiming has to be $208,850 or less. The date of death sets the figure, and it next adjusts April 1, 2028.

What counts toward the limit?

Solo bank and brokerage accounts, a final paycheck, stocks, a vehicle, and valuable belongings. Things with a named beneficiary or payable-on-death tag, joint tenancy property, and anything in a living trust don't count, and real estate uses a separate path.

Do I have to wait?

Yes. You have to wait at least 40 days from the date of death before you use the affidavit. The kit shows you how to use that window to gather everything.

What if there's a house?

Real estate doesn't move with this affidavit. A primary residence uses the Petition to Determine Succession to Real Property (DE-310), and low-value real estate uses the DE-305. The Complete Simplified-Probate Kit covers all of these in one.

Is this legal advice?

No. ClaimKit Help is an educational guide, not a law firm. The kit gives you information about California's small estate procedures, and using it doesn't create an attorney-client relationship.

Can I get a refund?

Yes, there's a 7-day refund if it isn't the right fit.