If you’re trying to transfer property or access a bank account after someone dies without a will in California, you’ll likely need to file a heirship affidavit. It’s a legal document that proves who the heirs are and helps move small estates through probate alternatives no court hearing required, as long as the estate qualifies.

What is a California heirship affidavit?

A California heirship affidavit is a sworn statement signed by at least two people who knew the deceased and can confirm family relationships, the date of death, and that no will was left behind. It’s used under California Probate Code § 13100–13116 for small estates generally those with real property worth $184,500 or less (as of 2024) and no outstanding debts that would require formal probate. It’s not the same as a small estate affidavit for personal property, which uses a different form and process.

When do you need to file one?

You file a heirship affidavit when the person who died didn’t leave a will, there’s no trust, and the estate includes real property like a house or land but it’s still small enough to skip full probate. For example: your parent passed away owning a paid-off condo valued at $160,000, and you and your sibling are the only children. You’d use this affidavit to get the title transferred into your names, not to claim a car or bank account (those use different procedures).

Who can sign it and who can’t?

Two disinterested witnesses must sign the law says they must be “persons who have knowledge of the facts” but cannot be heirs themselves, beneficiaries, or related by marriage to an heir. So your cousin who lived next door and your neighbor who attended the funeral could sign. Your sibling (an heir) or your aunt (a relative of an heir) cannot. Mistaking this is one of the most common errors and it invalidates the affidavit.

What documents do you need before filing?

You’ll need a certified copy of the death certificate, a list of all known heirs (with addresses and relationship to the deceased), and proof of the property’s value like a recent county tax assessment or appraisal. If the property has a mortgage or lien, that changes things: heirship affidavits only work for estates where the real property is free and clear, or where the debt is small enough to be paid from other assets. You’ll also need to complete the correct form California doesn’t have one universal “heirship affidavit” form, so the wording must meet statutory requirements. You can find approved language and formatting guidance in our overview of California heirship affidavit forms and process.

Where and how do you file it?

You don’t file the affidavit with the probate court. Instead, you record it with the county recorder’s office where the real property is located. Before recording, the affidavit must be notarized. Some counties like Los Angeles or San Diego also require a preliminary change of ownership report (PCOR) and a transfer tax affidavit. Check with your local recorder first; their website usually lists exact requirements. Once recorded, the affidavit becomes part of the public property record and serves as evidence of heirship for title companies or lenders.

What happens after you file?

Filing doesn’t automatically transfer title. You’ll need to take the recorded affidavit to the county tax assessor to update ownership records, and to the title company or lender if you plan to sell or refinance. Some institutions ask for additional verification even with a valid affidavit so keep copies of birth certificates, marriage licenses, or adoption papers handy. You can learn more about what comes next in the steps to complete a California heirship affidavit, including how to handle disputes or unclear family trees.

Common mistakes to avoid

  • Using the wrong form or copying a template from another state. California requires specific language about heirs, property description, and lack of will.
  • Letting an heir sign as a witness. That makes the affidavit void.
  • Skipping notarization or recording. An unrecorded affidavit has no legal effect on real property title.
  • Assuming it works for all assets. It only applies to real property in qualifying small estates not vehicles, stocks, or safe deposit boxes.

If you’re unsure whether your situation qualifies, review the full California heirship affidavit requirements, or consult a probate attorney. The California Courts website also offers general information on small estates: California Courts Self-Help: Probate.

Next step: Gather the death certificate, list all heirs with contact details, and confirm the property’s assessed value. Then draft the affidavit using statutory language don’t improvise and have it signed by two qualified witnesses before notarizing and recording.