CA risk area

Probate risk in California

Court-supervised estate process, timing, cost exposure, and public record requirements.

California allows a small-estate affidavit for qualifying personal property, with thresholds that change based on the date of death.

How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?

At a glance

Key takeaways

A small-estate affidavit can be used when the estate is valued at $184,500 or less for deaths on or after April 1, 2022 (lower thresholds apply before that date).
The small-estate threshold is adjusted over time and should be confirmed for the date of death.
If the estate includes California real property, an inventory and appraisal by a probate referee is required for the affidavit.
The affidavit is provided to the person or institution holding the property to transfer it without probate.

Questions to consider

State overview

California allows a small-estate affidavit for qualifying personal property, with thresholds that change based on the date of death.

A small-estate affidavit can be used when the estate is valued at $184,500 or less for deaths on or after April 1, 2022 (lower thresholds apply before that date).
The small-estate threshold is adjusted over time and should be confirmed for the date of death.
If the estate includes California real property, an inventory and appraisal by a probate referee is required for the affidavit.
The affidavit is provided to the person or institution holding the property to transfer it without probate.
The small-estate affidavit procedure is limited to personal property and requires a 40-day waiting period after death.

Sources

Risk sources

Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).

National sources provide baseline context; state statutes and court rules control in California.