California Small Estate Affidavit | Form 13101

The California Small Estate Affidavit (Form 13101) is a legal document that is used for collecting the estate of an individual who has recently died. The form can be used so long a variety of conditions are met; such as ensuring the deceased person did not die with an estate valued at more than $150,000. Overall, the form allows for a more streamlined and time-saving means of collecting a loved one’s estate in comparison to engaging with the probate court. In other words, this document is used to lawfully represent that an individual (a party called the “successor”) has the right to claim the small estate of a deceased individual (a party termed the “decedent”).

Additional Considerations

The successor will need to file additional forms if there is real property involved in the estate claim.

Laws & Required Conditions

Laws: § 13000 – 13210

Maximum Estate Value: $150,000 (excluding the types of property that are listed in § 1350)

Required Conditions: On condition that a) the property described in § 1350 is excluded, b) the value of the estate is within the permitted limit ($150,000), and c) forty (40) days have passed from the event of the decedent’s death, the successor is permitted to furnish the affidavit to the holder of the decedent’s property so that they may, “collect money, receive tangible personal property, or have evidence of a debt, obligation, interest, right, security, or chose in action transferred under this chapter.”

The successor should note that the affidavit will only be accepted in the eyes of the law if it duly upholds all of the requirements listed in § 13101.