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California Affidavit of Heirship Form
Navigating Property Transfers in California Without Probate
California has several systems that heirs can use to transfer the property of a deceased without having to do a complete probate process. The simplified procedures would be particularly helpful to small estates and would save families time, money, and paperwork to obtain or pass on property such as real estate and bank accounts. Although a California Affidavit of Heirship Form is not formally accepted in California, similar forms are available in the state under Probate Code Sections 13100 to 13200, on the basis of the nature of the property and the value.
Personal Property Transfers: Small Estate Affidavit (Probate Code § 13100)
Just in case he or she dies and the only things s/he leaves are people as a deposit, securities or vehicles, and the value of the entire assets do not exceed the bar of 208,850 (as of April 1, 2025), the heirs can forgo probate with the assistance of a Small Estate Affidavit.
Conditions for Use:
At least 40 days have passed since the decedent’s death.
No formal probate has been initiated.
The value of all real and personal property in California is within the statutory limit.
All entitled heirs are identified and agree to the distribution.
A certified death certificate and proof of identity of the successors must be attached.
The prepared affidavit is simply submitted to institutions that are the property owners (i.e., a bank or credit union). A court filing is not required, but other financial institutions may provide their form to be filed along with the affidavit of heirship for a motor vehicle.
Real Property Transfers: Declaration for Real Property of Small Value (Probate Code § 13200)
In the case of real property in particular, the California law lets the heirs fill out a Declaration for Real Property of Small Value (or Form DE-305) filed in court. This procedure is applicable in case of property value not being more than 69,625 dollars (April 1, 2025).
Key Requirements:
At least 6 months must have passed since the date of death.
No formal probate is pending, or the personal representative has provided written consent.
All funeral and medical expenses must be paid.
The declaration includes a legal description of the property, proof of value (usually an appraisal), and names of the rightful heirs.
A certified copy of the declaration is required to be entered with the county recorder, where the property is, after it has been filed with the court. This enables the transferring of a clear title without a court decree on probate.
For Higher Value Estates: Petition for Succession (Probate Code § 13151)
Where an estate has both real and personal property with the total value up to the amount of 208,850, then the heirs can make a Petition to Determine Succession to Real Property and Personal Property by using the form DE-310. The process is involved:
Filing with the probate court
Notifying all interested parties
Providing an inventory and appraisal
Attending a hearing before the judge issues an order
This method is useful when a court-confirmed transfer is needed, especially for properties just above the small-value limits or when third-party institutions require a judge's ruling.
Practical Scenarios for Affidavit Use in California
A retiree in Los Angeles passed away, leaving behind $35,000 in bank accounts and no real property. Her children use the Small Estate Affidavit after 40 days to claim the funds.
A family cabin in Northern California is valued at $60,000. The heirs file Form DE-305 after 6 months to record new ownership.
An estate includes both a vehicle and a small rental property totalling $180,000. The heirs file a Petition for Succession (DE-310) for court-ordered distribution.
Where to Get a California-Compliant Affidavit Form
You can download a free California-specific affidavit form directly here. All the documents are designed in accordance with the adopted state formatting with notarisation sections and the space to indicate all the necessary details.
To deal with transfers of real property or file a claim on personal property, you are likely to use the appropriate form, since in this case it may help prevent legal issues, and minimum efforts will be spent on transactions with banks, title companies, and governmental entities.
FAQs – California Heirship and Small Estate Transfers
Q1. How do I know if the estate qualifies for the Small Estate Affidavit?
Calculate the gross fair market value of all California assets. If it’s $208,850 or less, the estate may qualify. Exclude assets that pass automatically (e.g., joint tenancy).
Q2. Where can I get a free blank affidavit for use in California?
You can download it for free from forms.legal, which provides state-specific legal forms, including DE-305 and small estate affidavits.
Q3. What’s the waiting period for filing a real property declaration?
You must wait at least six months from the date of death before filing Form DE-305 for real estate transfers under Probate Code § 13200.
Q4. Is court approval needed for personal property affidavits?
No. Personal property affidavits under § 13100 don’t require court involvement but must include proper documentation and be accepted by the asset-holding institution.
Q5. Do I need a lawyer for these forms?
Not always. Many heirs handle these filings themselves using the correct templates and instructions. However, for estates near the threshold or involving disputes, legal guidance is helpful.