California: small estate limits
The most an estate can be worth and still skip full probate, how long heirs must wait after the death, and whether real estate qualifies.
From a statute-cited table| Small estate limit | $208,850 personal property (deaths on or after Apr. 1, 2025) |
|---|---|
| How it works | Affidavit |
| Waiting period after death | 40 days |
| Covers real estate? | Home up to $750,000 by court petition; other real estate up to $69,625 by affidavit |
| Law | Cal. Prob. Code § 13100 |
Adjusted every 3 years; the next change is due for deaths on or after Apr. 1, 2028.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in California.
Also for California: Claim deadlines in California · Will and trust rules in California
How we checked this
Limits come from a 50-state table that cites each statute (rows checked October 7, 2026). Eleven states with recent changes were confirmed on legislature, court or state agency sites; that check corrected Louisiana to $200,000. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site From a statute-cited table one detailed source Under review sources disagree; read the note and the law.