When navigating probate and estate administration, the term “small estate” often comes up, but how much is considered a small estate in CA under California law? Whether you’re settled in Roseville, CA, or elsewhere in the Golden State, understanding the California small estate threshold can make estate planning simpler, faster, and more affordable.
In this post, we’ll examine everything you need to know about California’s small estate rules—from how much qualifies as “small” to who’s eligible and how the affidavit process works. We’ll also break down the key differences between small estate procedures and full-blown probate, and wrap up with practical estate planning tips tailored to families in Roseville, CA. Whether you’re navigating a recent loss or planning ahead, this guide will help you make sense of the process and avoid unnecessary legal headaches.
What Qualifies as a “Small Estate” in California?
California law provides simplified estate settlement procedures when an estate is small enough.
According to the California Courts Self‑Help Guide, for deaths on or after April 1, 2022, estates with $184,500 or less in California personal and real property qualify for the small estate affidavit procedure
- Personal property and real property combined
- Excluding: property held in joint tenancy, assets in a living trust, life insurance/retirement plans payable to designated beneficiaries, real property outside California
- Affidavit threshold: current gross value up to $184,500 for deaths on or after April 1, 2022
- Real estate-specific threshold: up to $61,500 in California real estate, unless using the new primary residence process effective April 1, 2025
Recent Updates: Threshold Increases & New Rules
California law adjusts small estate limits approximately every three years to account for inflation.
Here’s what’s current:
- Deaths before April 1, 2022: $166,250
- Deaths April 1, 2022 – March 31, 2025: $184,500
- Deaths on/after April 1, 2025: $208,850
Additionally, a new simplified court process for primary residences valued up to $750,000 starts April 1, 2025. That means if the decedent’s home in Roseville is worth $500,000, heirs may transfer it without formal probate.
Why It Matters for Estate Planning and Probate
Let’s take a look at why it matters.
Time and Cost Savings
Full probate in California typically takes 6–12 months and can incur thousands of dollars in legal fees. A small estate affidavit process may take only a few weeks and minimal expense.
Skip Court Proceedings
No need for a court-appointed personal representative (“executor”).
Fewer Hassles
Streamlined forms, fewer filings, simplified transfers.
A recent review noted that California’s small estate process helps avoid expensive probate in many cases: estates under $184,500—even with real property—can bypass full administration.
Do You Qualify? The Affidavit Checklist
If you’re in Roseville, CA, here’s a quick qualification checklist:
- Value: Total estate in California (excluding certain assets) ≤ current threshold ($184,500/$208,850)
- Time elapsed: 40 days after death have passed
- No formal probate: No current probate case has been opened
- Eligible filers: You are an heir, beneficiary, or surviving spouse (per intestacy rules or Will)
- Documentation ready:
- Death certificate
- Proof of asset ownership (bank statements, stock certificates, etc.)
- Proof of your identity
- If California real estate exists: Inventory and Appraisal (Form DE‑160), an appraisal by a court probate referee is often required.
- Death certificate
If all boxes are checked, you can proceed with a Small Estate Affidavit (or Affidavit for Collection of Personal Property) in your county probate court.
Filing the Small Estate Affidavit in Roseville
Here’s how to streamline the process if you’re handling a small estate in Roseville. Start by visiting Placer County’s Probate Court—since Roseville is within Placer County—or download the appropriate affidavit form online. This form will be the foundation of your filing.
Next, carefully complete the affidavit. You’ll need to include information about the decedent, provide an itemized list of assets with estimated values, and confirm in writing that the total estate value falls below the qualifying threshold for a small estate.
After completing the affidavit, gather all necessary attachments. This typically includes a certified copy of the death certificate, documentation proving ownership of the assets (such as bank statements or titles), your identification, and—if real property is involved—an official appraisal from a court-appointed probate referee.
It’s strongly recommended that you have the affidavit and supporting documents notarized to avoid any challenges during the process. Once everything is ready, file the affidavit with the probate court and be prepared to pay a filing fee, which is usually around $435.
After the affidavit has been on file for 40 days, you can begin collecting the assets. Present the affidavit and supporting documentation to financial institutions, brokerage firms, or other asset holders to complete the transfer process.
Institutions may resist. Under Probate Code § 13105(b), they could even be sued for refusing to comply.
Special Case: Primary Residence Up to $750K
Thanks to Assembly Bill 2016, beginning April 1, 2025, more Roseville families can transfer a primary residence valued up to $750,000 via simplified probate (Petition to Determine Succession to Real Property – DE‑310).
That makes estate planning easier for families leaving modest homes—no full probate required.
Estate Planning Considerations for Roseville Residents
Even with simplified small estate options available, good estate planning remains essential, especially in a place like Roseville, where rising property values can quickly push estates beyond the threshold.
Creating a will or trust offers clear legal protection and ensures your wishes are carried out smoothly. A living trust, in particular, is one of the most effective tools to avoid probate altogether, even the small estate affidavit process. It allows your assets to transfer directly to your beneficiaries without court involvement.
Another key component is keeping beneficiary designations up to date. Assets like retirement accounts and life insurance policies should name beneficiaries clearly so they can be passed on directly, bypassing probate.
Proper property titling also plays a big role. Holding property in joint tenancy or as community property with right of survivorship can ensure it automatically transfers to the co-owner, again avoiding probate delays.
Lastly, periodic reviews are critical. As your asset values grow or laws change, your estate plan should evolve too. In Roseville, where even modest homes may exceed $184,000, taking the time to build or update a living trust could save your family months of stress and thousands in legal fees.
Next Steps for Roseville Estate Planning
Below are four steps for estate planning in Roseville.
Step One
Evaluate your total assets: How much do your California property, savings, and personal property add up to?
Step Two
Start by deciding which estate planning path fits your situation best. If the estate is under the small estate threshold and doesn’t include real estate, you can likely use a small estate affidavit. If the estate is under the threshold but includes a primary residence, you may be eligible to file a simplified petition starting in April 2025. For estates that exceed the threshold or include more complex assets, it’s best to consider setting up a trust or preparing for full probate.
Step Three
Keep legal documents updated regularly as your assets and life circumstances change.
Step Four
Ask a qualified local attorney: They’ll walk you through options, ensure compliance, and help avoid future legal headaches.
Why Patton Law Group in Roseville, CA Can Help
At Patton Law Group, we specialize in estate planning in Roseville, CA, and throughout Placer County. Whether you’re dealing with a small estate, real estate succession, or creating a living trust, our experienced probate attorneys have guided dozens of families through the process.
Let us handle the paperwork, court filings, and legal details while you focus on what matters most—helping your loved ones move forward.
Ready to Get Started?
Whether your estate is small or a modest family home, we’ll help you understand your options—starting with how much is considered a small estate in CA—and choose the strategy that offers the most peace of mind.
If your estate qualifies as a small estate in California, you have clear and simplified options to transfer assets without incurring the costs of probate. But the rules are nuanced; the valuations, asset types, timing, and documentation all matter.
For personalized guidance tailored to your unique situation, including strategies like small estate affidavits, real property petitions, wills, or trusts, reach out to an experienced local attorney.
Contact Patton Law Group today for a consultation tailored to your situation:
