If you’re trying to transfer property or bank accounts after someone dies in California and there’s no will or probate case already open you might need to file an heirship affidavit. It’s not a court filing, but a sworn statement that identifies who inherits under state law. People use it most often for small estates: a home with no mortgage, a savings account under $166,250 (the 2024 small estate limit), or personal items like jewelry or vehicles. It’s meant to be simple, but mistakes can delay transfers or trigger questions from title companies or banks.

What is an heirship affidavit in California?

An heirship affidavit is a legal document signed under oath that lists the deceased person’s heirs and explains how California law determines who they are. It’s not the same as a “small estate affidavit” (which handles asset transfers directly), nor is it filed with the court. Instead, you give it to institutions like a bank, county recorder, or DMV to request a transfer of ownership. The form must follow California Probate Code § 13100–13109 and include specific details: names and addresses of heirs, relationship to the decedent, dates of birth and death, and a statement that no probate is pending.

When do you need to file an heirship affidavit?

You only use this when the estate qualifies as “small” and doesn’t require formal probate. That means total probate assets (not counting joint accounts, payable-on-death accounts, or life insurance proceeds) must be under $166,250. You also need it when the decedent died without a will (intestate) and there’s no executor or administrator appointed. For example: your parent passed away, left a house worth $140,000 with no mortgage, and named no beneficiaries on their bank accounts. You and your sibling are the only children and no other relatives are involved. In that case, an heirship affidavit helps prove you’re the legal heirs so the county recorder can update the deed.

How to fill out the heirship affidavit correctly

Start with the official California heirship affidavit form, which includes required language about heirship, notice to creditors, and signature blocks. Fill in every field even if it’s “none” or “not applicable.” Common errors include leaving out a living heir (even if they waive rights), misstating relationships (“cousin” instead of “first cousin once removed”), or forgetting to list all known heirs even those who don’t want the property. If the decedent had children from a prior marriage, those children must be named even if they’re not claiming anything. You’ll also need two disinterested witnesses (not heirs or beneficiaries) to sign, and the affidavit must be notarized.

Where and how to submit it

You don’t “file” it with the court. Instead, you give certified copies to each institution holding assets: the county recorder for real estate, the bank for accounts, the DMV for vehicle titles. Some institutions ask for additional documents like a certified copy of the death certificate or proof of publication in a local newspaper (required under Probate Code § 13107 if heirs aren’t all known). If you’re transferring real property, the recorder’s office may ask you to attach a Preliminary Change of Ownership Report (PCOR). For help walking through the steps, see our step-by-step walkthrough.

What happens after you submit it?

Most banks and title companies process heirship affidavits within 10–15 business days if everything is complete and consistent. Delays usually happen when signatures aren’t notarized, heirs are missing from the list, or the affidavit contradicts public records (e.g., a marriage certificate shows the decedent was married, but the affidavit says they were single). If a bank rejects it, ask for the exact reason in writing. Sometimes it’s fixable with a corrected affidavit; other times, you’ll need to start a probate case. You can find more about common rejection reasons and how to respond in our filing process guide.

Can you do this without a lawyer?

Yes many people complete heirship affidavits on their own, especially in straightforward cases with clear family structure and no disputes. But if there’s uncertainty about heirship (e.g., unknown children, adoption questions, or a prior divorce that may affect inheritance), it’s wise to consult a probate attorney. California courts don’t review or approve these affidavits, so accuracy rests entirely with the person signing. For background on how heirship works under state law including who inherits when there’s no will see our explanation of heirship rules.

Next step: Get started with the right form and checklist

Download the current California heirship affidavit form, verify heir relationships using birth/marriage/death certificates, and gather two disinterested witnesses before notarizing. Keep copies of everything and send certified copies, not originals, to institutions. If you’re unsure whether your situation qualifies, review the eligibility criteria in our how-to guide. For official reference, the full text of the relevant probate code sections is available on the California Legislative Information website.