Los Angeles County small estate affidavit: where to take it, fee and local requirements
In Los Angeles County, California, a small estate affidavit is never filed with a court — it goes straight to the bank, DMV or employer. The state rule is the same everywhere in California: $208,850, 40-day wait, with or without a will. What the county controls is below.
| Where it goes | No court filing — present the affidavit to the bank, DMV, employer or other holder |
|---|---|
| Fee | $0 court fee; notary ≈ $15 per signature |
| Local note | LA Superior Court's Self-Help Center reviews affidavits free; real property under $69,625 files DE-305 at Stanley Mosk Courthouse |
| State limit | $208,850 — for deaths on or after April 1, 2025 (personal property; the figure is adjusted every three years) |
| Waiting period | 40 days from death |
| Form | Affidavit for Collection of Personal Property (Probate Code §13101) Cal. Prob. Code §§13100–13116 · official source |
| Signing | Signed under penalty of perjury by each successor; most banks and the DMV insist on notarization; attach a certified death certificate and, for real property, an Inventory and Appraisal |
Check the estate against the California rule
Los Angeles County · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
Los Angeles County procedure
- Certified death certificates from California vital records or the county registrar — five or more.
- Inventory everything in the person's sole name; stop if the total is over $208,850.
- Wait 40 days — the affidavit cannot be presented earlier.
- Complete the California form — Signed under penalty of perjury by each successor; most banks and the DMV insist on notarization; attach a certified death certificate and, for real property, an Inventory and Appraisal.
- Present it to each holder — $0 court fee; notary ≈ $15 per signature. Bring a certified death certificate for each.
- Collect, pay debts, distribute — keep every receipt; the affiant is liable up to the amount collected.
What makes California different
California's affidavit never goes to a judge. You hand it, with a certified death certificate, to whoever holds the asset — the bank, the DMV (which has its own form, REG 5, for vehicles), the employer — and they must release the property within a reasonable time.
The 40-day wait is counted from the date of death, and the dollar limit is tested on the date the affidavit is presented, not the date of death. Assets that pass outside probate (joint accounts, POD accounts, trusts, life insurance) don't count toward the $208,850.
Common questions
Where do I file a small estate affidavit in Los Angeles County?
Nowhere — California affidavits are not filed with a court. No court filing — present the affidavit to the bank, DMV, employer or other holder. $0 court fee; notary ≈ $15 per signature.
How much does a small estate affidavit cost in Los Angeles County?
$0 court fee; notary ≈ $15 per signature. Court forms are free; certified death certificates are $10–$25 each; a notary is $10–$15 per signature.
What is the small estate limit for Los Angeles County?
The limit is set by California law, not the county: $208,850 — for deaths on or after April 1, 2025 (personal property; the figure is adjusted every three years).
Does Los Angeles County have its own form?
LA Superior Court's Self-Help Center reviews affidavits free; real property under $69,625 files DE-305 at Stanley Mosk Courthouse.
Other California counties: San Diego County · Riverside County · Orange County · Sacramento County · Santa Clara County · California overview