California Probate Form DE-305

Affidavit re Real Property of Small Value

This page is for educational purposes only and is not legal advice. Forms and requirements change frequently — verify the current version with your local probate court or an attorney.

Last updated: June 1, 2026
First page of Affidavit re Real Property of Small Value

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About Affidavit re Real Property of Small Value

Allows a successor to claim a decedent's California real property of small value without full probate administration by filing a sworn affidavit under Probate Code section 13200.

When you'd use it: Used when at least six months have passed since the decedent's death and the gross value of all California real property in the decedent's estate does not exceed the statutory threshold, and no probate proceeding is pending or has been conducted.

Where to get the official form

The official version of Affidavit re Real Property of Small Value is published as a PDF by the California courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:

Verified official PDF

Download Affidavit re Real Property of Small Value (PDF) →

Source: courts.ca.gov

Link last checked: May 30, 2026

How to file Affidavit re Real Property of Small Value in California

  1. Step 1 — Confirm you have the correct formUse Affidavit re Real Property of Small Value (DE-305) when used when at least six months have passed since the decedent's death and the gross value of all California real property in the decedent's estate does not exceed the statutory threshold, and no probate proceeding is pending or has been conducted. Double-check it's the right form for your situation — California probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
  2. Step 2 — Complete every required fieldFill out Affidavit re Real Property of Small Value carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
  3. Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
  4. Step 4 — File it with the correct courtSubmit Affidavit re Real Property of Small Value to the probate court or county clerk handling the estate — usually in the California county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).

Working through the Affidavit re Real Property of Small Value? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

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Probate in California

See the full California probate guide for filing deadlines, small-estate options, timelines, costs, and county courthouse details.

Read the California probate guide →

Frequently Asked Questions

What is Affidavit re Real Property of Small Value (DE-305)?
Allows a successor to claim a decedent's California real property of small value without full probate administration by filing a sworn affidavit under Probate Code section 13200. You'd typically use it when used when at least six months have passed since the decedent's death and the gross value of all California real property in the decedent's estate does not exceed the statutory threshold, and no probate proceeding is pending or has been conducted.
Where do I file Affidavit re Real Property of Small Value in California?
Probate forms are filed with the probate court or county clerk in the California county where the deceased person lived. Our California probate guide can help you find the right courthouse, filing fees, and local requirements.
Do I need a lawyer to complete Affidavit re Real Property of Small Value?
Many people complete probate forms themselves, especially for smaller or uncontested estates. Complex estates may benefit from professional advice. SwiftProbate is an informational tool that helps you understand and organize the process — it is not a law firm and does not provide legal advice.
Is Affidavit re Real Property of Small Value available online?
Most California probate forms are published as PDFs by the state courts or the county clerk. You can find the official source linked above.

Other California Probate Forms

Declaration Re: Venue (Probate Guardianships)3700Waiver of Accounting (Probate Code § 10954)7001-PRInformal Accounting - Blocked Accounts [Confidential]VN267Proof of Payment of Assessment FeePRB-PCN-004

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Disclaimer: This page is for informational purposes only and does not constitute legal advice. Probate forms and requirements vary by state, county, and individual circumstances, and change over time. Always verify the current form and instructions with your local probate court, and consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.