How to submit an affidavit accounting for personal property in a California small estate case

This FAQ-style guide explains how to prepare and submit an affidavit to collect personal property under California’s small estate rules. It assumes no prior legal knowledge and uses a simple hypothetical to illustrate the steps. This is general information only and not legal advice.

Detailed Answer — steps to prepare and submit a small estate affidavit for personal property in California

California law lets certain heirs or beneficiaries use an affidavit to collect a decedent’s personal property when the estate meets the statutory requirements. The affidavit is a written statement made under penalty of perjury that explains your right to the property and provides basic facts about the decedent and the assets. The controlling statute and requirements are in the California Probate Code; see Cal. Prob. Code § 13100 and related sections for full detail: Cal. Prob. Code § 13100.

Who can use the affidavit?

Generally, a person who is entitled to the decedent’s property (for example, an heir or a beneficiary) may use a small estate affidavit if no probate administration is pending or open for the decedent’s estate and the statutory conditions are met. If probate has already been opened for the same estate, the small estate affidavit cannot be used to collect assets that are subject to that administration.

Eligibility — basic legal requirements

Value limit: The personal property being collected must fall within the statutory dollar limit set for small estates. The statute sets that ceiling; consult Cal. Prob. Code § 13100 for the current figure: Cal. Prob. Code § 13100.
No pending probate: There must be no open probate or estate administration for the decedent.
Timing: Typically, the affidavit is used after the decedent’s death and when the affiant can truthfully state the facts required by statute (for instance, identity, relationship, and that no probate has been opened).

Typical documents and facts you must gather

Certified copy of the death certificate.
Your government-issued photo ID and proof of your relationship or entitlement (for example, beneficiary designation, family tree, or will naming you, if applicable).
Documentation of the personal property you want to collect: bank or brokerage account statements, vehicle title or registration, bills of sale, account numbers, or other identifying information.
A reasonable, supportable value for the property being collected (you may need appraisals for certain items).

What the affidavit must say (required elements)

The affidavit should include clear statements of:

The decedent’s full name and date of death.
A statement that no probate administration is pending or has been opened in any California court for the decedent’s estate.
Your name, address, and relationship to the decedent (heir or beneficiary) and a statement that you are entitled to collect the property described.
A description of the personal property to be collected and its value, taken together, and an assertion that the total does not exceed the statutory small‑estate limit.
A declaration that the information is true and correct, signed under penalty of perjury and notarized.

California provides statutory language and rules for small estate affidavits. For exact phrasing and legal requirements, see the Probate Code: Cal. Prob. Code § 13100 and related sections (13101–13116).

Filing and presenting the affidavit

Prepare the affidavit in writing. Many people use a form or a template that follows the statutory language. Your county court clerk or the California Courts website can point you to local forms. See the California Courts self-help probate pages for guidance: California Courts – Probate Self-Help.
Sign the affidavit in front of a notary public so it is sworn under penalty of perjury.
Provide the notarial affidavit and a certified copy of the death certificate to the person or entity that holds the property (a bank, brokerage, vehicle department, landlord, or other custodian). The holder may have its own procedures or forms; ask what additional steps they require.
The holder of the property may choose to release the property to you after reviewing the affidavit and confirming your identity and entitlement. The holder can also refuse or request a court order if it has doubts or faces competing claims.

Practical example (hypothetical)

Maria’s father dies. He owned a checking account with $4,500 and some household furniture worth about $2,000. No probate has been opened. Maria is an heir. Because the total personal property value is under California’s small estate limit (see Cal. Prob. Code § 13100), Maria prepares an affidavit that lists the account and the furniture, attaches a certified death certificate, signs before a notary, and brings the packet to the bank. The bank reviews the affidavit and releases the account funds to Maria under its own policies.

Limits, risks, and when to consider probate or an attorney

If the estate’s assets exceed the statutory limit, do not use the small estate affidavit; opening probate may be necessary.
If another person claims the same property, or if a holder refuses to release assets, a court proceeding may be required.
False statements in the affidavit are punishable; you can be personally liable for losses caused by wrongful distribution.
If the estate includes real property, complicated assets, significant debts, or disputes among heirs, consult a lawyer to decide whether to open probate or use another process.

Helpful Hints

Check the current dollar limit before relying on a small estate affidavit. The statutory limit can change; see Cal. Prob. Code § 13100: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROBATE&sectionNum=13100.
Contact the holder (bank, DMV, etc.) first to learn its specific document and identification requirements. Institutions often have internal policies and may require their own forms in addition to the affidavit.
Always bring original or certified death certificate copies. Photocopies are usually not enough.
Keep copies of everything you submit, and ask the recipient to sign a receipt or confirmation when they release property to you.
If in doubt about eligibility or exposure to creditor claims, speak with a probate attorney before submitting the affidavit. Even for small estates, legal advice can prevent mistakes that lead to personal liability.
Use the California Courts self-help resources if you cannot afford an attorney; they provide general guidance and links to local legal aid: https://www.courts.ca.gov/selfhelp-probate.htm.

Disclaimer: This article is for general informational purposes only and does not create an attorney-client relationship. It is not legal advice. For advice about your specific situation, consult a licensed California attorney.