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the small estate affidavit in california what is a small estate affidavit a small estate affidavit is a sworn statement of a person who considers themselves eligible for getting inheritance by the descendant who left assets of value less than a state statutory limit the document is considered an option for those whose close ones died not owning enough property to qualify for probate according to their state laws the affidavit might also be used by the creditor of the descendant proving the debt on oath before the court a small estate affidavit might concern any property left by the descendants bank accounts jewelry art vehicles money and real estate in some cases typically a small estate affidavit is used when there is no last will however some states allow the use of an affidavit in conjunction with the last will depending on certain legal requirements in all states such a document requires attestation by a notary public or other official authorized to administer oaths why do i need