Settle a small estate in California without probate

In California this is called: Small estate affidavit (affidavit for collection of personal property); summary succession. If the person's property in California is under a set value, the people who inherit it can collect personal property, like bank accounts, by giving a signed affidavit to whoever holds it, without opening a probate case.

Up to $208,850 (deaths on or after April 1, 2025), 40 days after the death, no court filing.

Checked against official sources: October 30, 2026.

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Free tools

Small estate checker

Add up the estate and compare it with the California limit for the date of death.

Letter to a bank

Present your signed affidavit to a bank or other holder in California.

Balance request letter

Ask a bank or holder for the balance on the date of death.

What-to-gather checklist

Papers, steps, forms and fees for California, by procedure.

Car, bank, house in California

Car or other vehicle

An heir or beneficiary can transfer a California vehicle or numbered boat without probate using the Affidavit for Transfer without Probate (REG 5), with a copy of the death certificate, the title (certificate of ownership) and the transfer fee.

Bank accounts

Money in an account with a surviving joint owner or a payable-on-death (POD) beneficiary belongs to that person and does not need the small estate affidavit.

House or land

A short court case that gives the people who inherit the person's main home in California a court order saying the home is theirs, without full probate.

Related pages

Affidavit for Collection of Personal Property (small estate affidavit)

A signed statement you give to a bank, company or person holding the property, so they pay or transfer it to you. It is not filed with the court.

Limit

Up to $208,850 (deaths on or after April 1, 2025) Counted at full value, without subtracting debts.

Date of deathLimit
On or after April 1, 2025
$208,850
April 1, 2022 to March 31, 2025
$184,500
On or before March 31, 2022
$166,250

For a death on or after April 1, 2025, the total cannot be more than $208,850. The limit was $184,500 for deaths from April 1, 2022, to March 31, 2025, and $166,250 before April 1, 2022. The limit is adjusted every three years; the next adjustment is set for April 1, 2028.

What counts

The gross value of all the person's real and personal property in California, not counting the property listed in Probate Code 13050 (see the counting rules) or a home included in a primary residence petition. Debts are not subtracted.

Waiting period

At least 40 days must have passed since the death.

Who can use it

The 'successor': the person or people who inherit the item under the will, or under state inheritance law if there is no will. A guardian or conservator, a trustee of a trust that inherits, a custodian for a minor named in the will, or an agent under a durable power of attorney may act for the person who inherits. When more than one person inherits the item, they sign the affidavit together.

Court or where to file

Not filed with a court. You give it to the holder of the property.

Notary

The law does not require notarization, but many banks and companies ask for it. The holder must see reasonable proof of identity, such as a current driver's license or passport, or a notary's certificate of acknowledgment.

Papers to attach
  • Certified copy of the death certificate
  • Form DE-300 (list of current dollar limits), if the death was on or after April 1, 2022
  • Proof the person owned the property, such as the bank statement, passbook or stock certificate, if available
  • If the person owned any real property in California: an inventory and appraisal (forms DE-160 and DE-161) made by a probate referee
  • If a probate case exists: the personal representative's written consent and letters
Steps
  1. Wait until at least 40 days after the death.
  2. Ask the bank or company if it has its own affidavit form; many do.
  3. Fill in the affidavit with the required statements and a description of the property.
  4. Every person who inherits the item signs under penalty of perjury.
  5. Give the affidavit, the death certificate, form DE-300 and proof of ownership to the holder.
Fee

There is no court filing fee because the affidavit is not filed with the court. If the person owned real property in California, the probate referee who appraises it is paid one-tenth of one percent of the value appraised, plus expenses.

Debts and responsibility

If you receive property this way, you are personally responsible for the person's unpaid unsecured debts (such as funeral costs, last-illness costs and wage claims), up to the value of what you received minus liens. You also must give the property, or its value, to anyone with a better legal right to it, and three times the value if you got it by fraud. These claims are generally barred three years after you present the affidavit, or three years after fraud is discovered, whichever is later.

What the bank or holder must do

If the affidavit meets the legal requirements, the holder must pay or transfer the property, and a transfer agent must re-register securities. The holder may rely on the affidavit and is then released from liability. If the holder refuses within a reasonable time, you may sue to get the property, and the court must award reasonable attorney's fees if it finds the refusal was unreasonable. If you cannot present the person's evidence of ownership, the holder may ask for a bond or an indemnity agreement.

Law: Cal. Prob. Code secs. 13050, 13100-13116, 890

Source: Official page

Petition to Determine Succession to Primary Residence

A short court case that gives the people who inherit the person's main home in California a court order saying the home is theirs, without full probate.

Limit

Up to $750,000 (deaths from April 1, 2025 to March 31, 2028) Counted at full value, without subtracting debts.

Date of deathLimit
April 1, 2025 to March 31, 2028
$750,000
April 1, 2022 to March 31, 2025
$184,500
On or before March 31, 2022
$166,250

For a death from April 1, 2025, through March 31, 2028, the home can be worth up to $750,000. The limit was $184,500 for deaths from April 1, 2022, to March 31, 2025, and $166,250 before April 1, 2022. 'Primary residence' does not have to be where the person lived at the time of death.

What counts

Only the gross value of the person's interest in the home that was their primary residence in California, as shown by a probate referee's appraisal. A home included in this petition is not counted toward the $208,850 affidavit limit.

Waiting period

At least 40 days must have passed since the death.

Who can use it

The person or people who inherit the home under the will or under state inheritance law (the successors). A personal representative's written consent is needed if a probate case exists.

Court or where to file

Superior court of the county where the person lived. If the person did not live in California, the county where the home is.

Notary

The petition is verified (signed under penalty of perjury) by each petitioner.

Papers to attach
  • Inventory and appraisal of the home (forms DE-160 and DE-161) made by a probate referee for the county
  • Copy of the will, if you inherit under the will
  • Personal representative's consent, if a probate case exists
  • Form DE-300, if the death was on or after April 1, 2022
  • Attachment with the legal description, Assessor's Parcel Number and facts showing the home was the person's primary residence
Steps
  1. Wait until at least 40 days after the death.
  2. Have a probate referee appraise the home.
  3. Fill in form DE-310 and attachments and file it with the superior court.
  4. Within five business days of filing, deliver notice of the petition to each heir and beneficiary named in it.
  5. Give notice of the hearing to the people named in the petition.
  6. Go to the hearing; if the judge grants it, the court issues an order describing the home and who owns it.
Fee

$435 filing fee: the $355 uniform probate petition fee plus two $40 supplemental fees. The probate referee is paid one-tenth of one percent of the appraised value, plus expenses.

If you can't pay

You can ask the court to waive the filing fee with form FW-001 (Request to Waive Court Fees).

Debts and responsibility

A petitioner who receives the home is personally responsible for the person's unsecured debts, up to the home's value at the date of death minus liens.

Law: Cal. Prob. Code secs. 13150-13158; Gov. Code secs. 70655(c)(2), 70602.5(a), 70602.6(a); Prob. Code sec. 8961

Source: Official page

Affidavit re Real Property of Small Value

A sworn statement filed with the court and then recorded with the county recorder, to transfer low-value real estate to the people who inherit it.

Limit

Up to $69,625 (deaths on or after April 1, 2025) Counted at full value, without subtracting debts.

Date of deathLimit
On or after April 1, 2025
$69,625
April 1, 2022 to March 31, 2025
$61,500
On or before March 31, 2022
$55,425

For a death on or after April 1, 2025, all the person's California real property together cannot be worth more than $69,625. The limit was $61,500 for deaths from April 1, 2022, to March 31, 2025, and $55,425 before April 1, 2022.

What counts

The gross value of all the person's real property in California, as shown by a probate referee's appraisal, not counting real property listed in Probate Code 13050 (such as joint tenancy or trust property).

Waiting period

At least six months must have passed since the death.

Who can use it

The person or people who inherit the real property under the will or under state inheritance law.

Court or where to file

Superior court of the county where the person lived. If the person did not live in California, any county where they owned real property. The court's certified copy is then recorded with the county recorder where the property is.

Notary

Each person signing must have a notary's certificate of acknowledgment.

Papers to attach
  • Certified copy of the death certificate
  • Inventory and appraisal (forms DE-160 and DE-161) made by a probate referee
  • Copy of the will, if you inherit under the will
  • Form DE-300, if the death was on or after April 1, 2022
  • Legal description and Assessor's Parcel Number of the property
  • Personal representative's consent and letters, if a probate case exists
Steps
  1. Wait until at least six months after the death.
  2. Pay the person's funeral costs, last-illness costs and all known unsecured debts.
  3. Have a probate referee appraise the real property.
  4. Fill in form DE-305, sign it before a notary, and file it with the superior court with the attachments.
  5. Deliver a copy to any guardian or conservator of the person's estate named in the affidavit.
  6. Record the court's certified copy with the county recorder where the property is.
Fee

$45 to file the affidavit, which includes one certified copy. The county recorder charges its own recording fee. The probate referee is paid one-tenth of one percent of the appraised value, plus expenses.

If you can't pay

You can ask the court to waive the filing fee with form FW-001 (Request to Waive Court Fees).

Debts and responsibility

You may be personally responsible for the person's unsecured debts up to the fair market value of the real property and any income you receive from it.

Law: Cal. Prob. Code secs. 13200-13211; Gov. Code sec. 70626(b)(8)

Source: Official page

Spousal or Domestic Partner Property Petition

A court petition for a surviving spouse or registered domestic partner to confirm what property belongs to them or passes to them, so that property does not go through probate.

Waiting period

The law sets no waiting period for this petition.

Who can use it

The surviving spouse or registered domestic partner, or their personal representative, guardian or conservator.

Court or where to file

Superior court of the county where the person's estate could be administered.

Steps
  1. Check the will and how each asset was titled to see what passes to the spouse or partner.
  2. Fill in form DE-221 and file it with the superior court.
  3. If the court finds the property passes to the spouse or partner, it issues an order describing that property and saying no administration is needed.
Fee

$435 filing fee ($355 plus two $40 supplemental fees). No additional fee if it is filed in a probate case that is already open.

If you can't pay

You can ask the court to waive the filing fee with form FW-001 (Request to Waive Court Fees).

Law: Cal. Prob. Code secs. 13500, 13650-13657; Gov. Code sec. 70655(c)(3)

Source: Official page

Collection of compensation owed to a deceased spouse

A surviving spouse can collect the person's last paycheck and unused vacation pay from the employer with a signed affidavit, up to a set amount.

Limit

Up to $20,875 (deaths on or after April 1, 2025) Counted after subtracting liens (what is owed on the property).

Date of deathLimit
On or after April 1, 2025
$20,875
April 1, 2022 to March 31, 2025
$18,450
On or before March 31, 2022
$16,625

For a death on or after April 1, 2025, up to $20,875 net from all employers. The limit does not apply to the spouse of certain firefighters and peace officers.

What counts

Net salary and other pay, including unused vacation, owed by all the person's employers together.

Waiting period

The spouse may collect at any time after the death.

Who can use it

The surviving spouse, or the guardian or conservator of the surviving spouse's estate.

Court or where to file

Given to the employer.

Notary

Signed under penalty of perjury.

Papers to attach
  • Form DE-300, if the death was on or after April 1, 2022
Steps
  1. Check that the total net pay owed by all employers is not more than the limit for the date of death.
  2. Fill in an affidavit with the statements the law requires.
  3. Give it to the employer, with form DE-300 attached if the death was on or after April 1, 2022.
Fee

Not filed with the court.

Law: Cal. Prob. Code secs. 13600-13606

Source: Official page

What counts toward the limit in California

Add up the value of the person's real and personal property in California on the date of death. Do not subtract debts or mortgages. Leave out the property listed below as excluded.

Law: Cal. Prob. Code secs. 13050, 13100

In this state the total is counted at full value, without subtracting debts.

Kind of propertyHow it is treatedDetails
Bank accounts in the person's name alone
Counts

Bank accounts in the person's name alone, with no payable-on-death beneficiary, count.

Law: Prob. Code 13100

Joint or payable-on-death (POD) bank accounts
Left out

Joint, payable-on-death and trust bank accounts are left out, to the extent the money belongs to a surviving co-owner or beneficiary.

Law: Prob. Code 13050(a)(2)

Cars and other vehicles
Left out

Cars and other vehicles registered with the DMV are left out. They transfer through the DMV.

Law: Prob. Code 13050(b)(1)

Boats and mobile or manufactured homes
Left out

Numbered boats, and manufactured homes, mobilehomes, truck campers and floating homes registered under state law, are left out.

Law: Prob. Code 13050(b)(2)-(3)

Real estate in California
Counts

Real estate in California owned in the person's name counts, unless it is left out for another reason (joint tenancy, trust, passing to a spouse, or a home included in a primary residence petition).

Law: Prob. Code 13100

Main home (primary residence)
Own procedure, up to $750,000

The person's main home counts, unless it is included in a Petition to Determine Succession to Primary Residence (up to $750,000 for deaths from April 1, 2025, through March 31, 2028). Then it is left out of the affidavit total.

Law: Prob. Code 13100, 13151

Real estate in another state
Left out

Real estate outside California is not counted.

Law: Prob. Code 13100

Unpaid wages owed to the person
Left out up to $20,875

Unpaid salary and other pay owed by an employer, including unused vacation, is left out up to $20,875 (deaths on or after April 1, 2025).

Law: Prob. Code 13050(c)(2); form DE-300

Military pay owed to the person
Left out

Money owed to the person for service in the U.S. Armed Forces is left out.

Law: Prob. Code 13050(c)(1)

Life insurance or retirement money paid to a named person
Left out

Life insurance, retirement and other death benefits paid directly to a named beneficiary are left out.

Life insurance or retirement money paid to the estate
Counts

Life insurance or retirement benefits that will be paid to the estate count.

Property in a living trust
Left out

Property in a living trust the person could revoke is left out.

Law: Prob. Code 13050(a)(1)

Property owned jointly with right of survivorship
Left out

Property held in joint tenancy, or in which the person had only a life interest, is left out.

Law: Prob. Code 13050(a)(1)

Property going to a surviving spouse
Left out

Community, quasi-community or separate property that passes to the surviving spouse or registered domestic partner is left out.

Law: Prob. Code 13050(a)(1), 13500

Stocks, bonds and brokerage accounts
Counts

Stocks, bonds and brokerage accounts in the person's name alone, with no transfer-on-death beneficiary, count.

Law: Prob. Code 13100

Furniture, jewelry and other belongings
Counts

Furniture, jewelry, tools and other belongings count at their fair market value.

Law: Prob. Code 13100

Source: Official page

Car or vehicle title after a death in California

An heir or beneficiary can transfer a California vehicle or numbered boat without probate using the Affidavit for Transfer without Probate (REG 5), with a copy of the death certificate, the title (certificate of ownership) and the transfer fee. Vehicles are not counted toward the small estate limit. On form REG 5 you state that at least 40 days have passed since the death, that the person left no other property needing probate, that any unsecured creditors have been paid, and that the estate's value (not counting excluded property) is under the small estate limit.

Law: Cal. Veh. Code secs. 4150.7, 5910, 5910.5, 9916; Prob. Code 13050(b)

Agency
California Department of Motor Vehicles (DMV)
Form
REG 5 Affidavit for Transfer without Probate, California Titled Vehicle or Vessel Only
Waiting period
40 days after the death
Fee

The DMV charges a title transfer fee; its fee calculator shows the amount.

Transfer-on-death title

A vehicle title can name one transfer-on-death (TOD) beneficiary when there is only one owner; the fee to register this is $10. After the owner's death, the beneficiary transfers the vehicle with the title and a signed statement, and a death certificate if the DMV asks.

Source: Official page

Bank accounts after a death in California

Money in an account with a surviving joint owner or a payable-on-death (POD) beneficiary belongs to that person and does not need the small estate affidavit. For an account in the person's name alone, the people who inherit can use the small estate affidavit after 40 days if the estate is under the limit. The bank may ask you to use its own affidavit form.

Law: Cal. Prob. Code secs. 5302, 13050(a)(2), 13100-13106

Source: Official page

Transfer-on-death (TOD) and payable-on-death (POD) in California

Real estate (TOD deed)

Yes · Revocable transfer on death (TOD) deed

An owner can sign a revocable TOD deed so real property passes to named beneficiaries at death without probate. It must be signed and dated, signed by two witnesses, notarized, and recorded within 60 days after it is notarized. After the death, the beneficiary records an affidavit of death and must give notice before the protections of the law apply. The current law is set to end on January 1, 2032, unless extended; deeds signed before then stay valid.

Law: Cal. Prob. Code secs. 5600, 5614, 5624, 5626, 5652, 5680-5682

Vehicle title (TOD)

Yes

Law: Cal. Veh. Code sec. 4150.7

Bank account (POD)

Yes

Law: Cal. Prob. Code sec. 5302

Securities (TOD)

Yes

Law: Cal. Prob. Code secs. 5500-5512 (Uniform TOD Security Registration Act)

Source: Official page

Surviving spouse in California

Property that passes to a surviving spouse or registered domestic partner does not need probate and is not counted toward the small estate limit. The spouse or partner can ask the court to confirm it with a Spousal or Domestic Partner Property Petition, and can collect up to $20,875 of the person's unpaid wages from employers with an affidavit (deaths on or after April 1, 2025).

Source: form DE-221

Debts of the person in California

A person who receives property with the small estate affidavit, the primary residence petition or the real property affidavit can be personally responsible for the person's unsecured debts, up to the value of the property received. Using these procedures does not stop a later probate case.

Medicaid estate recovery in California

If the person had Medi-Cal, the estate attorney, or if there is none, the beneficiary, the personal representative or the person holding the person's property, must send DHCS a notice of the death with a copy of the death certificate within 90 days of the death. For deaths on or after January 1, 2017, recovery is limited to property in the probate estate and to certain long-term care services received at age 55 or older. DHCS does not make a claim if there is a surviving spouse or registered domestic partner, a child under 21, or a blind or disabled child. DHCS must waive its claim if it would cause substantial hardship to other dependents, heirs or survivors and, subject to federal approval, when the estate is a home of modest value; DHCS must tell families about the waiver and the right to a hearing.

Law: Cal. Welf. & Inst. Code sec. 14009.5; Cal. Prob. Code sec. 215

Agency
Department of Health Care Services (DHCS), Estate Recovery Program
Official page
Official page

Who inherits with no will in California

If there is no will: the surviving spouse or registered domestic partner gets the person's half of community property. Of separate property, the spouse gets all of it if there are no children, parents, brothers, sisters or their descendants; one-half if there is one child (or descendants of one child) or, with no children, a parent or a parent's descendants; one-third if there are two or more children (or descendants of them). The rest goes to children (or their descendants), then parents, then brothers and sisters (or their descendants), then grandparents and more distant relatives.

Law: Cal. Prob. Code secs. 6401, 6402

Source: Official page

Death certificates in California

To get a certified copy you must sign a sworn statement under penalty of perjury and have it notarized when ordering by mail from CDPH; an 'informational' copy does not need it. CDPH has a recorded fee line: (916) 445-2684.

Where to get it
California Department of Public Health (CDPH) Vital Records, or the county recorder in the county where the death happened
Official page
Official page

Where to file in California

The small estate affidavit and the spouse's wage affidavit are not filed with any court. The primary residence petition, the spousal property petition and the real property affidavit are filed with the superior court (probate) in the county where the person lived. A real property affidavit's certified copy is then recorded with the county recorder where the property is.

Good to know in California

  • California adjusts its small estate dollar limits every three years for inflation. The current amounts apply to deaths on or after April 1, 2025, and the next adjustment is set for April 1, 2028. Form DE-300 must be attached for deaths on or after April 1, 2022.
  • Since January 1, 2025, the court petition for real property without probate covers only the person's primary residence, with a $750,000 limit for deaths from April 1, 2025.
  • A surviving spouse and minor children can ask the court in a probate case to set aside an estate worth up to $107,900 net for deaths on or after April 1, 2025.

Changes in 2024–2026

Assembly Bill 2016, effective January 1, 2025: the Petition to Determine Succession now covers only the decedent's primary residence, with a $750,000 limit for deaths from April 1, 2025, through March 31, 2028; property in such a petition is not counted toward the affidavit limit. April 1, 2025: Judicial Council inflation adjustment (affidavit $208,850; real property affidavit $69,625; spouse wages and excluded wages $20,875; set-aside $107,900), form DE-300 revised April 28, 2025. Form DE-305 revised January 1, 2026. Senate Bill 1288 amends Probate Code 5507: when a brokerage or other registering entity learns that all owners of a transfer-on-death security have died, it must try to notify each beneficiary within 60 days and pay a beneficiary's share within 60 days after receiving all required documents; it applies to charity beneficiaries from January 1, 2027, and to other beneficiaries for deaths on or after January 1, 2028.

Law: Stats. 2024, ch. 331; Stats. 2026, ch. 691

National rules that apply in every state

Federal estate tax

  • For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
  • Most estates owe no federal estate tax and do not need to file a federal estate tax return.

Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)

The final income tax return

  • Report all income up to the date of death and claim all eligible credits and deductions.
  • Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
  • To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).

Law: Form 1310 instructions (Rev. December 2025)

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Social Security

  • Social Security retirement benefits are paid through the month before the month the person died.
  • If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.

Law: 42 U.S.C. 402(a), 402(i)

Savings bonds

  • If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.

Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)

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Debts

  • Debts are generally paid from the money and property the person left (the estate).
  • If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
  • You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.

Law: 12 CFR 1006.6(a)(4)

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A house with a mortgage

  • For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
  • Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
  • Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/

Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31

FDIC insurance on bank accounts

  • After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.

Law: 12 CFR 330.3(j)

Medicaid estate recovery

  • States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
  • The 'estate' includes at least the property in the person's probate estate under state law.
  • Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html

Law: 42 U.S.C. 1396p(b)

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Death certificates

  • Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.

Free help in California

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.

More help on our sister sites

Questions about small estates in California

What is a small estate affidavit called in California?

In California this is called: Small estate affidavit (affidavit for collection of personal property); summary succession. If the person's property in California is under a set value, the people who inherit it can collect personal property, like bank accounts, by giving a signed affidavit to whoever holds it, without opening a probate case.

What is the small estate limit in California?

Up to $208,850 (deaths on or after April 1, 2025), 40 days after the death, no court filing.

How long do I wait in California?

At least 40 days must have passed since the death.

Do I have to go to court in California?

Not filed with a court. You give it to the holder of the property.

How do I transfer a car after a death in California?

An heir or beneficiary can transfer a California vehicle or numbered boat without probate using the Affidavit for Transfer without Probate (REG 5), with a copy of the death certificate, the title (certificate of ownership) and the transfer fee.

What happens to a bank account after a death in California?

Money in an account with a surviving joint owner or a payable-on-death (POD) beneficiary belongs to that person and does not need the small estate affidavit. For an account in the person's name alone, the people who inherit can use the small estate affidavit after 40 days if the estate is under the limit.

Who inherits in California if there is no will?

If there is no will: the surviving spouse or registered domestic partner gets the person's half of community property. Of separate property, the spouse gets all of it if there are no children, parents, brothers, sisters or their descendants; one-half if there is one child (or descendants of one child) or, with no children, a parent or a parent's descendants; one-third if there are two or more children (or descendants of them).

Do I owe the person's debts in California?

A person who receives property with the small estate affidavit, the primary residence petition or the real property affidavit can be personally responsible for the person's unsecured debts, up to the value of the property received.