California small estate probate – NEW FORM DE-300

As of April 1, 2022 (and no this is not an April Fools joke) the small estate limits have been changed in California. They have been increased FOR DEATHS OCCURING ON OR AFTER APRIL 1, 2022. The limits for death prior to April 1, 2022 remain the same.

The new limit for small estate affidavits and petition for succession to real property is now $184,500. In my 28 years in practice this amount has changed from $60,000 to $100,000 to $150,000, to $166,250 and now is $184,500!

The new limit for affidavits for real property has changed from $55,425 to $61,500.

Also, depending on when the death occurred, and which exact procedure is being used, the valuation time may be the date of death while others it can be current value.  Be sure to review the California probate code carefully or hire a probate attorney!

Good luck!


DE-300 Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration

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