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A Small Estate

Prob. Code 13100 — collecting property by affidavit after 40 days, up to $166,250 as adjusted

In California, where the gross value of a person's real and personal property in the state, leaving out the kinds of property the Code excludes, is no more than one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically, and 40 days have passed since the death, the successor may act without letters of administration or waiting for a will to be probated.

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  • Collect money that was due to the person who died.
  • Receive tangible personal property that belonged to them.
  • Have a debt, security or similar right that belonged to them transferred, whether or not it is secured by real property.
Sources for this section (1)
  1. Prob. Code 13100 — Collection or transfer of small estate without administration

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.

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