All Laws Decoded

Affidavit of Heirship in California

Whether California lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.

Short answer: California has no general affidavit of heirship, but it has statutory short procedures for real estate. Cal. Prob. Code §§ 13200, 13151; Judicial Council forms DE-305, DE-300

Affidavit / determination of heirshipCalifornia has no general affidavit of heirship, but it has statutory short procedures for real estate. No sooner than six months after death, a successor may file an Affidavit re Real Property of Small Value (DE-305) with the superior court if all of the decedent's California real property is worth no more than $69,625 (deaths on or after April 1, 2025); a certified copy is then recorded. For larger amounts, heirs may petition the court to determine succession to real property (including up to $750,000 for the primary residence for deaths on or after April 1, 2025), or a surviving spouse or domestic partner may file a Spousal or Domestic Partner Property Petition (DE-221).
Dollar limits are adjusted every three years; check form DE-300 for current figures.
Source: Cal. Prob. Code §§ 13200, 13151; Judicial Council forms DE-305, DE-300
Who inherits without a willCalifornia is a community property state. With no will, the surviving spouse or registered domestic partner gets the deceased person's half of community and quasi-community property. For separate property, the spouse gets all of it if there are no children (or their descendants), parents, siblings or children of siblings; one-half if there is one child (or descendants of one child), or no children but a parent or the parents' descendants; and one-third if there are two or more children (or descendants of them). The rest goes to the children (and descendants of a deceased child); if none, to parents; if none, to brothers and sisters and their descendants; then grandparents and their descendants, and then more distant relatives.
Section 6402 (shares not passing to the spouse): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6402 Re-verified 2026-10-27.
Source: Cal. Prob. Code §§ 6401, 6402

More California estate law

FAQ

Does California have an affidavit of heirship?
California has no general affidavit of heirship, but it has statutory short procedures for real estate. No sooner than six months after death, a successor may file an Affidavit re Real Property of Small Value (DE-305) with the superior court if all of the decedent's California real property is worth no more than $69,625 (deaths on or after April 1, 2025); a certified copy is then recorded. For larger amounts, heirs may petition the court to determine succession to real property (including up to $750,000 for the primary residence for deaths on or after April 1, 2025), or a surviving spouse or domestic partner may file a Spousal or Domestic Partner Property Petition (DE-221).
Who inherits if someone dies without a will in California?
California is a community property state. With no will, the surviving spouse or registered domestic partner gets the deceased person's half of community and quasi-community property. For separate property, the spouse gets all of it if there are no children (or their descendants), parents, siblings or children of siblings; one-half if there is one child (or descendants of one child), or no children but a parent or the parents' descendants; and one-third if there are two or more children (or descendants of them). The rest goes to the children (and descendants of a deceased child); if none, to parents; if none, to brothers and sisters and their descendants; then grandparents and their descendants, and then more distant relatives.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.