Detailed answer — how the California small estate affidavit works

California law allows a person entitled to a decedent’s personal property to collect that property using a sworn affidavit instead of opening a full probate case, so long as certain conditions are met. The controlling rules are in the California Probate Code (see Probate Code § 13100 and the sections that follow).

1. Confirm whether the bank account is subject to probate at all

• If the account was a joint account with a right of survivorship, payable-on-death (POD) or transfer-on-death (TOD) account, or is owned by a trust, the funds usually pass outside probate and you should present the bank the proper beneficiary documentation. No small estate affidavit is needed in those cases.
• If the account was solely in the decedent’s name and there is no beneficiary designation, the funds are part of the decedent’s personal property and may be collectible using the small estate affidavit if the value limits and other conditions are satisfied.

2. Check eligibility for the small estate affidavit

California’s affidavit procedure applies when the value of the decedent’s personal property subject to collection under those sections does not exceed the statutory amount. The detailed statutory requirements and current monetary threshold are set out in the Probate Code (see Probate Code § 13100 and following sections). Review the statute for the exact dollar limit or consult the California Legislative Information site for the up‑to‑date figure.

3. Typical contents of a valid small estate affidavit

An affidavit for collection of personal property typically must:

• Identify the decedent (full name and date of death).
• State the affiant’s name, address, relationship to the decedent, and why the affiant is entitled to the property.
• Describe the property to be collected (for example, the bank name and account number or last four digits and amount requested).
• State that a probate case has not been opened in California (or state the status if one has been opened), and confirm that the value of the personal property subject to collection does not exceed the statutory limit.
• Be signed under penalty of perjury and typically be notarized.

4. Documents to take to the bank

When you present the affidavit to the bank, bring:

• Original or certified copy of the decedent’s death certificate.
• The completed, notarized small estate affidavit (follow the statutory form or the bank’s acceptable version).
• Government-issued photo ID for the person presenting the affidavit.
• Documentation showing your relationship to the decedent (for example, birth certificate, family records) if the bank asks.

5. How banks typically respond

Banks have internal policies. Many banks will accept a properly completed small estate affidavit and release funds, but they may:

• Require original documents or certified copies.
• Refuse to release funds if they suspect conflicting claims or fraud.
• Require all heirs to sign or to provide written assent before paying out.
• Request an indemnity bond or insist on a probate court order in disputed situations.

6. Distribution of funds among heirs

If the decedent died with a will, distribution follows the will. If the decedent died without a will, California’s intestate succession rules determine who gets what (see Probate Code § 6400 and following). The person who uses the small estate affidavit must follow those distribution rules and may be personally liable if they withhold funds improperly.

7. When you shouldn’t use a small estate affidavit

• The total value of the decedent’s personal property subject to collection exceeds the statutory limit.
• There are competing claims to the property (disputes among heirs, unknown heirs, or claims by creditors that require formal administration).
• A bank or other holder refuses to accept the affidavit and asks for probate court proceedings.

8. If the bank refuses to honor the affidavit

You may need to open a full probate administration or file a petition in probate court asking for an order to compel the bank to release funds. If litigation looks likely or the estate is complex, consider consulting an attorney.

Helpful hints

• Read the statute before starting: review Probate Code § 13100 and the related sections (13101–13117) for precise statutory language and monetary limits.
• Confirm account status: ask the bank whether the account is sole, joint, POD/TOD, or titled to a trust. If there is a beneficiary designation or joint owner, the funds may pass outside probate.
• Bring certified death certificates: banks commonly require an original or certified copy of the death certificate; order several certified copies early.
• Get the affidavit notarized: most institutions require the affidavit to be signed before a notary public.
• Prepare to show proof of relationship: bring documents that prove you are a child or other heir, such as birth certificates or family records.
• Ask the bank what it needs: different banks have different internal forms and procedures; calling the bank’s estate or legal department first can save time.
• Be transparent with co-heirs: if others have a statutory share, get their written agreement to the distribution to avoid disputes.
• If in doubt, consult a probate attorney: especially if the estate approaches the statutory limit, if heirs disagree, or if the decedent had complicated assets or debts.