Updated September 3, 2026. Quick answer: in California, an estate can use affidavit for collection of personal property when the qualifying value is $208,850 or less. Real property does NOT pass that way: a house in California in sole name forces a probate whatever the estate is worth.
What this guide covers
Whether probate is required in California turns on two questions: does the estate qualify for a small-estate shortcut, and does that shortcut reach whatever real property is involved. This page answers both for California, with the statute cited, and then covers what full probate costs if the shortcut does not apply.
The affidavit route, and its limit
California’s route: affidavit for collection of personal property, under Cal. Prob. Code § 13100, adjusted periodically under § 890.
Current (on or after April 1, 2025) adjusted figure for the personal-property affidavit (Prob. Code §§13100, 13101) is $208,850, per the Judicial Council of California’s official adjusted-amounts table: the statutory BASE figure of $166,250 in §13100 itself is not the current operative number. A SEPARATE real-property affidavit (§13200) is capped at $69,625, and a separate petition route (§§13150-13157) allows up to $750,000 for a primary residence only (2025 AB 2016).
Maximum Amounts for Determining Eligibility for Summary Succession Procedures… On or after Apr 1, 2025: §§13100, 13101 (personal property affidavit) $208,850; §13200 (real property affidavit) $69,625; §§13151-13154 (petition to succeed to real property) $750,000 (capped, primary residence only).
(Cal. Prob. Code § 13100, adjusted periodically under § 890)
If a trust fits your situation in California
In California a house in sole name does not pass by the small-estate route, so an estate that includes one is heading for probate whatever the number is; a funded revocable living trust is the instrument that avoids it, and LawDepot builds a state-specific one.
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LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
The real-estate problem
What the text says: the route does NOT reach real property.
collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred
(Cal. Prob. Code § 13100, adjusted periodically under § 890)
This was UNVERIFIED in the 2026-08-20 dataset (§13100 states the gross-value test over real AND personal property but does not itself settle whether the affidavit transfers real property). Independently resolved this session by reading §13101 (what the affidavit actually authorizes) and §13200 (the separate real-property affidavit, currently capped at $69,625): the §13100/13101 personal-property affidavit counts real property only toward the eligibility ceiling, not as something it transfers. A house needs the §13200 affidavit or the §§13150-13157 primary-residence petition instead.
What probate costs in California if it is required
California’s probate fees and attorney-compensation rules are their own topic, worked through in full on California probate cost.
The order to work through it
List what California residents typically own and how each item is titled. Remove everything with a living named beneficiary, a surviving joint owner, or a trust already holding it. If what remains is $208,850 or less, affidavit for collection of personal property is the route to look at. If real property remains in sole name, plan on an administration for the real property regardless.
The general rule: when probate is required. Thresholds elsewhere: small estate limits by state. California’s own small-estate mechanics: California small estate affidavit.
Statutory text read at California’s own legislature or official code publisher. General information, not legal advice; fee statutes and thresholds change and a court retains the final say on what qualifies.
General information drawn from state statutes and official court materials, not legal advice. Whether probate is required is STATE law and differs in every state; thresholds, what the small-estate route reaches, and probate costs all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.