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DE-305Mandatory

Affidavit Re Real Property of Small Value

California · Judicial Council of California · Effective January 1, 2026

This form is a sworn statement used to tell the court that the value of all real property in a deceased person's estate in California is $55,425 or less. It requires details about the decedent, the property, and confirms that certain expenses have been paid.

The court describes it as: Make a sworn statement to the court that the value of all real property in California in a deceased person’s estate is $55,425 or less.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Motions

Stage: Motions

This form is used in probate cases when the estate's real property value is believed to be small. It requires that at least six months have passed since the person passed away.

Either party may file.

Official instructions

How-to guides published by the court for this form.

Common questions

Who fills out this form?
The form requires signatures from the declarant(s), who are making the sworn statement to the court.
Does this form require attachments?
Yes, the form mentions needing attached inventory and appraisal, and sometimes a copy of the will or death certificate.
Is a filing fee mentioned?
The provided text does not mention any filing fees for this form.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2026.

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