Important Things to Know about an Affidavit of Heirship

What Is an Affidavit of Heirship — and Can You Use It to Sell a House in California?

An affidavit of heirship is a sworn statement naming a deceased person’s legal heirs. It is mainly a non-California instrument — common in states like Texas — and on its own it does not convey clear title to California real estate. California instead uses targeted Probate Code tools: the small-estate affidavit (Prob. Code §13100), the AB 2016 primary-residence petition (§§13150–13152), and the Heggstad petition (§850) for trust assets left out of a trust.

Why doesn’t a bare affidavit of heirship work in California?

An affidavit of heirship records who the heirs are, but it is not a court order and it does not extinguish other claims to title. Title insurers and escrow officers in California will not insure a sale based on it alone, because nothing in it has been confirmed by a judge or verified against creditors. To pass marketable, insurable title to a buyer, California requires either a recorded transfer mechanism (like a properly funded living trust) or a court determination of who inherited.

That is the core confusion: people Google “affidavit of heirship California” expecting one form to settle everything, then discover California built separate, narrower procedures for each situation. Picking the right one depends on what the asset is and how much it’s worth.

What does the California small-estate affidavit (§13100) actually cover?

California Probate Code §13100 lets a successor collect a decedent’s personal property — bank accounts, vehicles, brokerage holdings, uncashed checks — by signed affidavit, after waiting at least 40 days from the date of death. For deaths on or after April 1, 2025, the ceiling is $208,850.

The critical limit: a §13100 affidavit cannot transfer real estate title. It is a personal-property tool. Many families mistakenly treat it like an affidavit of heirship for the house — it is not. If the estate’s only meaningful asset is a home, §13100 does nothing to convey the deed.

How does the AB 2016 primary-residence petition (§§13150–13152) help with a house?

For real property, California’s most useful streamlined path is the Petition to Determine Succession to a Primary Residence under Probate Code §§13150–13152, expanded by Assembly Bill 2016. For decedents who died on or after April 1, 2025 (and before April 1, 2028), it applies when the gross value of the decedent’s California primary residence is $750,000 or less.

Note what it is and isn’t:

• It is a court petition, not a bare affidavit — a judge issues an order confirming who succeeds to the property.
• You must wait at least 40 days after death to file (§13151).
• The home need not have been occupied at the exact moment of death; AB 2016 specifies the primary residence is not limited to the decedent’s residence at the time of death, so a longtime family home can still qualify even if the owner moved to assisted living.
• It is limited to the primary residence — not rental properties or second homes.

That court order is what title companies will insure, so the heirs can then convey the home and a buyer can take clear title.

What is a Heggstad petition (§850), and when do you need it?

Sometimes a parent created a living trust to avoid probate but never retitled the house into the trust — the deed still names them individually. Probate Code §850, the basis for a Heggstad petition (named for Estate of Heggstad, 1993), lets the court order an asset into the trust where there is clear and convincing evidence the decedent intended it to be a trust asset, often shown by a schedule of assets, a pour-over will, or a signed declaration of trust.

A §850 petition typically resolves in a few months rather than the full probate timeline, and it fixes the specific “trust says yes, deed says no” gap. It is not for situations where there was no trust at all.

Which path fits your situation?

Use this quick map:

• Only personal property, ≤ $208,850 → §13100 small-estate affidavit (no real estate title).
• Primary residence, ≤ $750,000, no trust → §§13150–13152 AB 2016 petition.
• House meant for a trust but never deeded in → §850 Heggstad petition.
• Higher-value home, multiple properties, or contested heirs → full probate administration with the court.

Because most California homes exceed the §13100 threshold and many exceed even the $750,000 primary-residence cap, the majority of inherited houses still require a court petition rather than any affidavit to convey insurable title. If your inherited property does have to go through the court, you can still sell a house in probate in California — we handle court-confirmation sales alongside your attorney.

How does selling to a cash buyer compare once you have the right authority?

Whichever instrument applies, you eventually need to sell. Here’s how selling to us as a direct cash buyer compares with listing on the open market with an agent:

We buy as-is with no fees, no commissions, and no repairs, and we coordinate directly with the estate’s attorney on the paperwork and any court confirmation. We serve the entire Bay Area, including cash home buyers in Vallejo and surrounding cities. To get a no-obligation cash offer on an inherited home, request a cash offer.

Do you have to wait for the court before talking to a cash buyer?

No — you can request a cash offer and start the conversation immediately, even while the §13150 petition or probate is pending. We frequently put a property under contract and time the closing to the court’s confirmation or the recorded order. That lets you lock in a price and a buyer now, so the home doesn’t sit empty accruing taxes, insurance, and maintenance while the legal mechanism catches up.

By Steven Williams, Founder & CEO, Rapid Home Solutions

This article is general information, not legal or tax advice. Probate, tax, and real-estate rules are fact-specific — consult a California attorney or tax professional about your situation.

Affidavit of Heirship & California Inherited-Home FAQ

Can an affidavit of heirship transfer a California house?

No. An affidavit of heirship is mainly a non-California instrument and, on its own, does not convey insurable title to California real estate. California uses targeted tools instead: the small-estate affidavit (Prob. Code §13100) for personal property, the AB 2016 primary-residence petition (§§13150–13152), and a court probate for most homes.

What is the California small-estate affidavit limit in 2025?

For deaths on or after April 1, 2025, a successor can collect personal property worth $208,850 or less using a Probate Code §13100 affidavit, after a 40-day wait. Crucially, this affidavit covers only personal property like bank accounts and vehicles — it cannot transfer real estate title, so it does not work for a house by itself.

What is the AB 2016 primary-residence petition?

Under Probate Code §§13150–13152, expanded by AB 2016, heirs can file a court petition to determine succession to a decedent’s California primary residence valued at $750,000 or less for deaths on or after April 1, 2025. A judge issues an order confirming the heirs, which title companies can insure so the home can be sold.

What is a Heggstad petition?

A Heggstad petition under Probate Code §850 asks the court to confirm an asset belongs in a living trust when the decedent intended it but never retitled it — for example, a house left out of the trust deed. It requires clear and convincing evidence of intent and typically resolves in a few months, faster than full probate.

Can you sell an inherited Bay Area house for cash before the court finishes?

Yes. You can request a cash offer and go under contract while a §13150 petition or probate is still pending, then time the closing to the court’s confirmation. Rapid Home Solutions buys as-is with no fees or repairs and can close in 7-10 days once the legal authority is in place. Request your cash offer using the form on this page.