For deaths on or after April 1, 2025, successors in interest can now collect personal property totaling $208,850 or less using the small estate affidavit procedure under California Probate Code section 13100 and 13101. While this is not as dramatic of an increase as AB 2016 made to the Determination of Succession to Primary Residence under California Probate Code section 13154, it will still undoubtedly help some small estates avoid expensive and time-consuming probates.
These new totals are outlined in the new DE300 released by the California Judicial Council only yesterday, April 28, 2025. These totals also include increases across the board, for Small Estate Set-Asides (now $107,900), Affidavits for Succession to Real Property of Small Value (now $69,625), and Affidavits for Collection of Compensation Owed to Deceased Spouse (now $20,875). Again, unlike the new value for the Petition & Court Order Determining Succession to Primary Residence (now $750,000, up from $184,500) most just barely increased to account for inflation.
If you or someone you know needs assistance avoiding probate either proactively or retroactively, contact the trust and estate attorneys at Finlay Law Group, APC today.
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