Quick facts
- Notarized route: the SOS authenticates the California notary's signature — the notarial wording must be complete and compliant (venue, date, seal, certificate language). Defective notarization is the #1 rejection cause.
- Certified route: the SOS authenticates the County Court clerk's certification signature/seal. Court documents must be certified by a clerk of one of California's 58 county Superior Courts.
- Some foreign uses (certified route) require an EXEMPLIFIED copy ($50 + pages, §70628) — confirm before ordering.
- Don't mix routes: a private §13100 affidavit is NOT court-certified; a court order is NOT notarized.
- General condition rules: no lamination · no post-notarization alterations · no tape · staple multipage · legible signatures/seals.
What to know
NOTARIZED route (private §13100 affidavit — most common): 1. Prepare the §13100 affidavit (after the required waiting period — at least 40 days from death — and confirming the estate is under the current limit). 2. Sign it before a California notary public; the notary completes a compliant California acknowledgment/jurat with seal, venue, date, and correct wording. 3. The SOS authenticates the NOTARY's signature. (Notary fee up to $15/signature, §8211.) CERTIFIED route (court-filed/ordered variant): 1. After the court files/orders the document (e.g., DE-315 order, or a court-filed DE-305), request a CERTIFIED copy from the clerk — "for apostille / international use." 2. Order an EXEMPLIFIED copy ($50 + pages) if the destination requires it. 3. Pay $40 (§70626(a)(4)); confirm the clerk's seal/signature are legible. Cost + timeline for THIS step (verified June 2026): - Notarized route:.
Frequently asked questions
Is a small estate affidavit a court order?
Usually no — the §13100 affidavit is a private sworn statement. Only the court-petition variants produce a court order.
Which route do I use?
Private §13100 affidavit → notarize, then apostille the notary's signature. Court-filed document/order → certified copy, then apostille.
How long must I wait?
At least 40 days after the death for a §13100 affidavit.
What's the dollar limit?
It changes — check the current DE-300 reference sheet.
Common destinations
Countries this document is most often sent to (pulled from this page's own guidance). Every destination has its own rulebook — apostille (Hague) or full legalization (non-Hague).