Detailed Answer

Short answer: Under California law you generally cannot use a North Carolina small estate affidavit — the laws of the decedent’s domiciliary state control the probate/transfer rules. If the decedent was domiciled in California, California’s small estate affidavit (collection-by-affidavit) procedure may allow the transfer of certain personal property without formal probate when the estate meets California’s statutory limits and conditions. This procedure applies to collection of personal property, not to most real property, and you must be an eligible person under California’s intestacy rules to use it.

How the California small estate procedure works

California provides a streamlined procedure commonly called a collection-by-affidavit (often referred to as a “small estate affidavit”) in Probate Code chapter covering collection by affidavit. The chapter is at Probate Code §13100 et seq.; see the statutory chapter here: Probate Code, Collection by Affidavit (Prob. Code, §13100 et seq.).

Key requirements and limits (what you need to check):

• Statutory threshold and rules. The law lets a person (an heir, beneficiary, or other authorized person) present a sworn affidavit to collect the decedent’s personal property (cash, bank accounts, personal items) if the total value does not exceed the statutory dollar limit and other statutory requirements are met. The exact dollar threshold is set in the Probate Code and can change, so you should confirm the current amount in Probate Code §13100 et seq. before relying on the procedure: https://leginfo.legislature.ca.gov/.
• Only personal property. This affidavit procedure is intended for personal property. It usually will not transfer title to real estate; transfers of California real property normally require probate, a small-claims style petition for transfer of real property, or recorded documents showing a valid non-probate transfer (trust, joint tenancy, beneficiary deed where available). If real estate must pass through probate, you will likely need a formal administration or other court proceeding.
• No pending administration. You cannot use the affidavit if a formal probate or administration has already been commenced for the decedent’s estate in California. If someone has opened probate, collect and distribution generally must proceed through the court process.
• Who can use it — intestate heirs. If there is no will (intestate), an heir who is entitled under California’s intestacy rules may use the procedure to collect personal property. Intestate succession rules (who inherits when there is no will) are in the Probate Code (see the Probate Code chapters on intestate succession). For practical guidance on who is entitled, consult the intestacy provisions and consider getting legal help if multiple people claim the same property.
• Affidavit formalities. The law requires a sworn, properly completed affidavit with information about the decedent, the value and description of the property to be collected, the facts that the estate does not require administration, and facts establishing the affiant’s right to the property. Many banks and holders have their own forms or requirements (some accept the statutory affidavit form; others have internal policies).

Practical steps and things to watch

Typical practical steps for an intestate small personal property collection in California:

1. Confirm the decedent’s domicile. If the decedent lived in California at death, California probate rules generally control. If the decedent was domiciled in another state, that other state’s probate rules (for example North Carolina’s) likely control.
2. Inventory and value the personal property. Add up bank accounts, cash, household items, motor vehicles, and other personal property subject to the affidavit. Confirm whether the total is under the statutory limit for collection by affidavit.
3. Check for existing probate filings. Confirm that no one has already opened a probate in the appropriate California court. If a probate is open, the affidavit route is typically unavailable.
4. Gather documentation. Obtain a certified copy of the death certificate, account statements or asset documentation, and any ownership documents (title or registration for vehicles). Identify the heirs under California intestacy rules.
5. Complete a statutory affidavit. Use the statutory affidavit or the form required by the bank or asset holder. The affidavit will be sworn and notarized and must include the facts required by the statute.
6. Present to the holder. Present the affidavit (and any required supporting documents) to the bank, custodian, or other holder of the property. The holder may accept the affidavit and release funds/property or may refuse and require a court order.
7. Consider claims by creditors. Collection by affidavit does not eliminate creditor claims. The affidavit user may become responsible for handling legitimate creditor claims after distribution; for larger estates or where creditors likely exist, formal probate provides creditor notice procedures and protection.

When you cannot (or should not) use a small estate affidavit

• If the estate owns California real property that must be transferred to heirs.
• If the total personal property exceeds the statutory dollar limit.
• If formal probate has already been opened for the decedent’s estate in California.
• If there are competing claims among potential heirs, or suspected creditor disputes — a court-administered probate may be safer.
• If the intended recipient is not clearly entitled under California’s intestacy laws.

Where to read the law and get forms

Primary statutory text for California’s small estate/collection-by-affidavit procedure: Probate Code §13100 et seq. (Collection by Affidavit).

For practical self-help about probate and small estates, see the California Courts’ probate self-help page: https://www.courts.ca.gov/selfhelp-probate.htm. For vehicle/title transfers, the DMV often has its own affidavit/transfer steps: https://www.dmv.ca.gov.

Final recommendation

If the decedent was domiciled in California and the estate appears to be small and consists primarily of personal property under the statutory limit, the collection-by-affidavit route can be a fast, inexpensive way to obtain assets without full probate. However, confirm the current dollar threshold and waiting period in Probate Code §13100 et seq., document your ownership right under California intestacy law, and be cautious about creditor exposure. When in doubt — for real property, disputed heirs, significant creditor concerns, or borderline values — consult a probate attorney to evaluate whether a formal probate or a different limited procedure is the safer option.

Disclaimer: This article explains general California law and is for informational purposes only. It is not legal advice. For advice about your specific situation, contact a licensed California attorney.

Helpful Hints

• Confirm the decedent’s domicile. The probate rules of the decedent’s home state govern estate administration.
• Do not assume banks will accept the affidavit — call first and ask what documentation they require.
• Get multiple certified copies of the death certificate early; institutions usually require them.
• Keep an inventory and valuation of every item you claim under the affidavit.
• Document your relationship to the decedent (birth certificates, marriage certificate) to show intestate entitlement if asked.
• Watch out for vehicles and titled property — the DMV has separate requirements and forms.
• If anyone threatens to open probate or if multiple people claim the same asset, pause and get legal advice before distributing assets.
• Remember creditor exposure — small estate transfers do not provide the same creditor-protection procedures as formal probate.
• Check the current statutory dollar limit in Probate Code §13100 et seq. before relying on the affidavit procedure: Probate Code §13100 et seq.