What Is Form DE-305?
Form DE-305, Affidavit re Real Property of Small Value, is an affidavit used to transfer qualifying real property of small value without full probate, under California's small-estate rules.
When & Where DE-305 Fits
You file DE-305 for a low-value real property interest that falls under the current threshold (check the DE-300 reference sheet for current figures). This form is often handled by self-represented filers, though an attorney can review it. It sits in the spousal & small estate stage of a California probate. For the full sequence of forms and steps, see the California probate guide and the documents checklist.
How to Get Form DE-305 (Free)
Get it free from the California Courts
DE-305 is an official Judicial Council form. Download the current version directly from the California Courts self-help form finder — you should never pay a third-party site for a form the court provides for free.
Official DE-305 on CA Courts →Fill it using Adobe Reader (some browsers won't save your entries), and always use the current mandatory revision, since clerks reject outdated versions. Many California counties require you to e-file through an approved provider — check your county's court page for local rules.
Tips & Common Mistakes
- Thresholds change — always check the current DE-300 before relying on a dollar figure.
- Use our small estate checker for the current numbers.
- For a primary residence above this small-value limit, look at DE-310 instead.
Form DE-305 FAQ
Not sure you're filing DE-305 correctly?
A rejected filing can cost weeks, and personal-representative mistakes carry personal liability. A California probate attorney can prepare the packet correctly — and the fee usually comes from the estate, not your pocket.