Detailed Answer
This article explains how to decide which assets to list on a California small estate affidavit (the affidavit used to collect a deceased person’s personal property without formal probate). It summarizes what typically belongs on the form, what you should leave off, how to report values, and practical precautions. This is an educational overview only and not legal advice.
What a California small estate affidavit covers
California law provides a streamlined procedure for collecting personal property of a decedent without opening a full probate case when the estate meets statutory requirements. See Probate Code §13100 et seq. for the rules that govern affidavit collection of personal property: Cal. Prob. Code §13100. The affidavit applies to personal property owned solely by the decedent at the time of death and does not transfer property that already passes outside probate.
Which assets you should list
- Solely-titled bank and brokerage accounts: If an account was only in the decedent’s name (no joint owner and no payable-on-death/transfer-on-death beneficiary), list it. Provide the institution name, last 4 digits of the account, and the balance at death (or best estimate).
- Vehicles titled only in the decedent’s name: List make/model, year, VIN, and the value (estimate fair market value). Check DMV transfer rules as additional documentation may be required.
- Personal property and household goods: Furniture, jewelry, electronics, and other tangible items that were owned solely by the decedent should be listed with reasonable value estimates.
- Small business assets: Tangible assets owned by the decedent individually (tools, inventory, equipment) that are not titled jointly or owned by a separate business entity.
- Receivables or debts owed to the decedent: If someone owed the decedent money and it was an asset of the estate, list it with an estimated collectible value.
Which assets you should NOT list
- Jointly owned property with right of survivorship: Property held jointly (e.g., joint bank accounts or joint tenancy real property) usually passes automatically to the surviving joint owner and should not be included as estate assets.
- Accounts with designated beneficiaries: Payable-on-death (POD), transfer-on-death (TOD), life insurance policies, and retirement accounts with named beneficiaries pass outside probate and generally should not be listed.
- Trust property: Assets held in a living trust are not estate assets for the affidavit and should not be listed.
- Property already transferred by contract or operation of law: Examples include deeds recorded that transfer title, community property with right of survivorship where surviving spouse automatically owns property, or assets that were already distributed.
- Real property (in many cases): The small estate affidavit under Probate Code §13100 is focused on personal property. Real property often requires a different process or court action—do not assume you can transfer real estate with the same affidavit without checking the statute and local court rules: Cal. Prob. Code §13100.
How to report values and descriptions
Accuracy matters because the affidavit is a sworn statement. Follow these rules:
- Use fair market value as of the date of death: For each asset you list, state the best reasonable estimate of that value. For bank accounts, use the balance at the date of death if available (or the most recent statement and note it was the most recent available).
- Note liens and encumbrances: If an asset has a lien (e.g., a car loan), record both the gross value and the outstanding debt or note the lien so the recipient and any institution know the encumbrance.
- Don’t guess wildly: If you do not know a precise value, provide an estimate and describe how you arrived at it (e.g., recent appraisal, online valuation guide, bank statement). If you truly do not own or know of a type of asset, mark it as “None” or “N/A” rather than leaving the space blank.
- Be careful with zeros and blanks: Only put “0” if the asset had no value. Leaving fields blank can create ambiguity and may be treated as omission. If a question does not apply, write “N/A” or “none.”
Practical examples (hypothetical)
- Bank account titled solely in decedent’s name: list the bank, last four digits of account, and the balance as of the decedent’s death (or the most recent statement balance and note the date of that statement).
- Vehicle titled in decedent’s name with an outstanding loan: list the vehicle and estimated fair market value, then list the outstanding loan balance as a liability or note the encumbrance.
- Life insurance payable to a named beneficiary: do not list as an estate asset—note instead that the policy exists and the named beneficiary (if useful for record-keeping), but do not include its proceeds in the affidavit’s estate total.
Legal cautions
The affidavit is a sworn document and signing it carries legal obligations. Know that providing false information can have legal consequences. For the statutory requirements and any dollar limits that determine whether an affidavit is available in a particular case, consult the Probate Code: Cal. Prob. Code §13100. For general self-help information on probate and small estates, see the California Courts self-help probate page: California Courts — Probate Self-Help.
Helpful Hints
- Gather documentation before filling the affidavit: recent bank statements, vehicle title, account statements, appraisals, and payoff statements for loans.
- Obtain multiple certified copies of the death certificate—banks and institutions will request them.
- Check title and beneficiary designations first—assets with beneficiaries or joint owners typically pass outside the estate and should not be included.
- Include account numbers or VINs (last 4–6 digits) to make identification clear for institutions handling the transfer.
- If you are unsure whether an asset is probate property, get a written statement from the institution (bank, insurer, retirement plan) or consult an attorney before listing it.
- If an asset has a lien, record both value and outstanding debt so a receiving party knows about the encumbrance.
- Use “None” or “N/A” instead of leaving fields blank if a section does not apply.
- When in doubt, pause and verify—removing or omitting assets incorrectly can cause transfers to be refused or later litigation.
- Consider a short consultation with a probate attorney if the estate has mixed assets (some that pass outside probate and some that do not), disputed ownership, or significant encumbrances.
Disclaimer: This information is educational only and not legal advice. I am not a lawyer. For advice about a particular situation, consult a licensed California attorney or the probate court.