How to Fill Out California Probate Code Section 13100 (Without Losing Your Mind)

Did you know? 1 in 3 California families triggers accidental probate by mishandling small estates. But with the right strategy, you can save $10,000+ and 6–18 months of court delays. Here’s exactly how to use California Probate Code Section 13100—with free templates, local hacks, and pro tips.

What is California Probate Code 13100?

CPC 13100-13116 allows heirs to transfer small estate assets (up to $184,500 as of 2024) without probate using a Small Estate Affidavit (Form DE-305).

Works for: Bank accounts, vehicles, jewelry, furniture, and digital assets (e.g., PayPal, crypto wallets).

Doesn’t work for: Real estate, retirement accounts, or assets with designated beneficiaries.

Key Stat: 68% of California estates qualify as “small”—but only 22% of heirs use this loophole correctly (CA Judicial Council, 2023).

Who’s Eligible? (The 3 Golden Rules)

1. 40-Day Wait: The deceased passed at least 40 days ago (CPC 13101).
2. No Open Probate: No formal court case exists for the estate.
3. Value Limit: Non-real-property assets are under $184,500 (adjusts annually).

Local Twist: In Los Angeles County, estates with $5,000+ in vehicles must file a separate DMV affidavit.

Step-by-Step Guide to Filling Out Form DE-305

Step 1: Gather Critical Documents

• 3+ certified death certificates (order from CA Dept of Public Health).
• Asset Proof: Bank statements, car titles, appraisals for valuables (e.g., Rolex watches, art).
• Heir List: Names, addresses, and contact info for all legal heirs.

Step 2: Download the Form

Get the official DE-305 from the CA Courts Website.

Step 3: Fill Out the Affidavit (With Examples!)

Section 1 – Decedent’s Info:

Full Legal Name: Maria Guadalupe Hernandez
Date of Death: January 5, 2024
County of Residence: Orange County

Section 4 – Assets:

• Bank of America Checking #XXXXX: $32,000
• 2015 Toyota Prius (VIN: XXXX): $18,000 (per Kelley Blue Book)
• Bitcoin Wallet (0x3F5B5…): $12,300 (Coinbase valuation as of 1/10/24)

Section 7 – Heir Consent:

“I, Carlos Hernandez (son), and Sofia Hernandez (daughter), agree to this affidavit and waive further proceedings.”

Step 4: Notarize the Form

• Cost: 
• 10–
• 10–25 (AAA offices in SF offer discounts for members).
• Pro Tip: Use a mobile notary in San Diego or Riverside for homebound heirs.

Step 5: Submit to Institutions

• Banks: Chase, Wells Fargo, and Credit Unions require original affidavits.
• DMV: File REG 5 + DE-305 to transfer titles (fee: $15).

Related article for you:
What is a Resident Agent in Probate? A Must-Know Guide for Executors and Beneficiaries

Top 5 Mistakes to Avoid When Filing a Small Estate Affidavit

1. Forgetting Digital Assets – Apple IDs, crypto wallets, and Venmo accounts are often overlooked but must be included in the affidavit to ensure a complete asset transfer.
2. Ignoring Partial Affidavits – If the estate is $185,000, file for $184,500 under the small estate affidavit and probate the remainder separately to avoid unnecessary delays.
3. Missing Heirs – Even estranged siblings in Fresno must be notified. Use Form GC-039 to document your due diligence in locating missing heirs.
4. Undervaluing Collectibles – A 1970s Fender Stratocaster in San Jose could be worth $10,000+. Always get professional appraisals to avoid disputes or IRS issues.
5. Using Old Forms – The 2024 DE-305 form now includes a digital asset section. Submitting outdated forms can lead to rejection, so always verify you’re using the latest version.

Local DMV Hacks (By City)

City	Office	Wait Time	Tip
Los Angeles	Culver City DMV	2 hours	Book online 8 AM Mondays for same-day slots.
San Francisco	SF County Clerk	30 mins	Submit REG 5 with DE-305 to skip lines.
San Diego	Clairemont DMV	1 hour	Ask for “Probate Specialist Desk” for faster service.

FAQs

Can I use CPC 13100 for my mom’s LA apartment?

No! Real estate requires probate or a Heggstad Petition (CPC 13150).

My sister in Sacramento won’t sign—what now?

File a GC-040 petition to request court approval over objections.

How to claim my dad’s Tesla stock in Silicon Valley?

List it as a digital asset and provide brokerage statements.

Checklist
☐ Certified death certificates (3+ copies)
☐ Asset appraisals from CA-licensed experts
☐ Notarized DE-305 + REG 5 (for vehicles)
☐ Heir consent forms (all signatures)

When to Hire a Pro

• Complex Estates: Crypto, out-of-state assets, or family disputes.
• Time Crunch: Need funds released in 72 hours? Attorneys can expedite.
• Local Experts:
  • Bay Area: Grey Law Firm (SF) – Specializes in tech exec estates.
  • LA/OC: Heritage Legal Group – Offers flat-fee CPC 13100 help ($499).

Need Help? Local Resources

• Free Workshops: LA Court’s Probate Self-Help Desk (213-830-0800).
• Legal Aid:
  • Bay Area: SF Bar Association – Free 30-min consults.
  • San Diego: Legal Aid Society – Income-based assistance.
• 24/7 Help: Statewide hotline: 1-800-LEGAL-CA.

Final Words

With this guide, you’re equipped to tackle CPC 13100 like a pro—saving time, money, and stress. Share it with a friend or family member who is handling California probate! 

Got a niche scenario? Comment below or tag @CAProbateHelp on Twitter for personalized advice!