In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In California, the law provides a simplified process for administering small estates, which is particularly useful when the total value of the decedent's estate does not exceed a certain threshold. As of the knowledge cutoff in 2023, if the estate's value is $166,250 or less, the successors may use an affidavit procedure to collect personal property without formal probate. This is outlined in California Probate Code Section 13100 and following sections. For real property, if the gross value is $55,425 or less, a different affidavit procedure can be used under Probate Code Section 13200. Additionally, California allows for a summary probate process for estates under a certain value, which is less complicated than regular probate. It's important to note that these values are subject to change, so it's advisable to consult with an attorney or check the latest statutes for the most current thresholds and procedures.