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A small estate affidavit is a sworn form that replaces full probate. Heirs hand it to the bank or other holder of the property, or file it in court. This page compares each state's dollar limit and waiting period and explains every step.
Key facts
A small estate affidavit works only when the estate is under the state's limit and no probate case is open, and each state adds its own conditions. The decedent (the person who died) must have left little enough property, and enough time must have passed. The conditions below appear in most state statutes, shown with one state's wording each.
Rules differ by state and change over time. Confirm the limit, the waiting period, and the filing steps for your state before you sign.
If you are not sure the estate qualifies, ask a probate attorney or the probate court clerk before you file.
A small estate affidavit's dollar limit and waiting period come from each state's statute or court rule, and the table lists them with the section that sets each one. "Not listed" means the table cites no rule for that column, not that the state has none, so check the statute or the probate court.
| State | Dollar limit | Waiting period after death | Real estate | Law |
| Alabama Court route, not an affidavit |
The small estate amount: the homestead allowance, exempt property and family allowance, adjusted by the Consumer Price Index formula in Section 43-8-116 | 30 days after notice of the petition is published | Not listed | Ala. Code 43-2-691(7); Ala. Code § 43-2-692 |
| Alaska | $50,000 of personal property, plus registered vehicles up to $100,000 | 30 days | Personal property only | Alaska Stat. § 13.16.680 |
| Arizona | $200,000 of personal property; $300,000 of real property in Arizona, less liens | 30 days; six months for real property | Allowed only within the real property limit | Ariz. Rev. Stat. § 14-3971 |
| Arkansas | $100,000, excluding the homestead and statutory allowances for the surviving spouse | 45 days | Not listed | Arkansas Judiciary, Form 23 (Affidavit for Collection of Small Estate by Distributee) |
| California | $166,250 as the section is written; Section 890 adjusts the figure periodically, and the adjusted amount in force on the date of death applies, so check the current figure with the probate court | 40 days | Real and personal property in California both count toward the limit | Cal. Prob. Code § 13100 |
| Colorado | Twice the amount in Section 15-11-403, as adjusted by Section 15-10-112, less liens | 10 days | Not listed | C.R.S. § 15-12-1201(1)(a); C.R.S. § 15-12-1201(1)(b) |
| Connecticut | $40,000 of solely owned personal property, if the decedent owned no real property alone in Connecticut | Not listed | Only if the decedent had no solely owned real property in the state | Conn. Gen. Stat. § 45a-273(a) |
| Delaware | $50,000 | 30 days | Only if the decedent owned no real estate in Delaware | 12 Del. C. § 2306 |
| District of Columbia | $40,000 | 60 days | Not included: the property does not include an interest in real property | D.C. Code § 20-361 |
| Florida Court route, not an affidavit |
Personal property up to preferred funeral expenses and the medical and hospital expenses of the last 60 days of the last illness; on the intestate route, $20,000 plus those expenses | None stated in Section 735.301; more than 1 year on the intestate route, if no administration is pending | Personal property only | Fla. Stat. § 735.301; Fla. Stat. 735.304(1) |
| Georgia Court route, not an affidavit |
No dollar limit: when a person died intestate and no personal representative was appointed, an heir may petition for an order that no administration is necessary | Not listed | Not listed | O.C.G.A. § 53-2-40 |
| Hawaii | $100,000, except motor vehicles registered in the decedent's name, which transfer regardless of value | Not listed | Not listed | Haw. Rev. Stat. § 560:3-1201 |
| Idaho | $100,000 | 30 days | Not listed | Idaho Code § 15-3-1201 |
| Illinois | $150,000 of personal estate, excluding motor vehicles registered with the Secretary of State | Not listed | Personal property only | 755 ILCS 5/25-1 |
| Indiana | $100,000 for a death after June 30, 2022, less liens, encumbrances and reasonable funeral expenses | 45 days | Not listed | Ind. Code § 29-1-8-1(b)(1)(C); Ind. Code § 29-1-8-1(b)(2) |
| Iowa | $50,000 or less | 40 days | Only if there is no real property | Iowa Code § 633.356 |
| Kansas | $75,000 of total assets subject to probate | Not listed | Personal property only | Kan. Stat. Ann. § 59-1507b |
| Kentucky Court route, not an affidavit |
$30,000 exemption for the surviving spouse or, if there is none, the surviving children; administration is dispensed with when the exemption, alone or with preferred claims, equals or exceeds the distributable assets | Not listed | Not listed | Ky. Rev. Stat. 391.030(1)(c); Ky. Rev. Stat. § 395.455 |
| Louisiana | $200,000 gross value, for a person who died domiciled in Louisiana (a small succession) | Not listed | Not listed | La. Code Civ. Proc. art. 3421(1) |
| Maine | $40,000, with the inflation-adjusted value published yearly on each county probate court's website | 30 days | Personal property only | Me. Rev. Stat. tit. 18-C, § 3-1201 |
| Maryland Court route, not an affidavit |
$50,000 or less; $100,000 or less if the surviving spouse is the sole legatee or heir | Not listed | Not listed | Md. Code, Est. & Trusts § 5-601 |
| Massachusetts | $25,000 | 30 days | Only if the estate consists entirely of personal property | Mass. Gen. Laws ch. 190B, § 3-1201 |
| Michigan | $50,000, net of liens, adjusted as provided in section 1210 | 28 days | Only if the estate includes no real property | Mich. Comp. Laws § 700.3983 |
| Minnesota | $75,000 | 30 days | Personal property only | Minn. Stat. § 524.3-1201(a)(2) |
| Mississippi | $75,000 | 30 days | Personal property only (tangible property, debts owed to the decedent, and instruments for debts, stock or other claims) | Miss. Code Ann. § 91-7-322 |
| Missouri | $40,000 | 30 days | Not listed | Mo. Rev. Stat. § 473.097 |
| Montana | $100,000 | 30 days | Personal property only | Mont. Code Ann. § 72-3-1101 |
| Nebraska | $100,000 | 30 days | Personal property only | Neb. Rev. Stat. § 30-24,125 |
| Nevada | $150,000 if the claimant is the surviving spouse; $25,000 for any other claimant | 40 days | Only if the property includes no real property or interest in it | Nev. Rev. Stat. § 146.080 |
| New Jersey | For a person who died intestate: $50,000 when the surviving spouse or partner takes the estate by affidavit; $20,000 when there is no surviving spouse or partner and the other heirs consent in writing | Not listed | Not listed | N.J.S.A. 3B:10-3; N.J.S.A. 3B:10-4 |
| New Mexico | $50,000 | 30 days | Not allowed: the affidavit may not be used to perfect title to real estate | N.M. Stat. Ann. § 45-3-1201 |
| New York | $50,000 or less of personal property (gross value) | Not listed | Personal property only | N.Y. Surr. Ct. Proc. Act § 1301 |
| North Dakota | $100,000 | 30 days | Not listed | N.D.C.C. § 30.1-23-01 |
| Ohio Court route, not an affidavit |
$35,000; $100,000 when the surviving spouse takes the whole estate, as when a valid will leaves all assets to the spouse | Not listed | Not listed | Ohio Rev. Code Ann. § 2113.03 |
| Oklahoma | $50,000 | 10 days | Not listed | Okla. Stat. tit. 58, § 393 |
| Oregon | $75,000 of personal property and $200,000 of real property and manufactured homes | 30 days | Allowed only within the $200,000 real property limit | Or. Rev. Stat. § 114.510; Or. Rev. Stat. § 114.515 |
| Pennsylvania Court route, not an affidavit |
$50,000 gross value of personal property, not counting property payable under 20 Pa.C.S. § 3101 | Not listed | Not included: real estate is excluded | Pa. O.C. Rule 5.50 |
| Rhode Island | $15,000 | 30 days | Only if the estate consists entirely of personal property | R.I. Gen. Laws § 33-24-1 |
| South Carolina | $45,000 for the entire probate estate, wherever located, less liens and encumbrances; the probate judge approves and countersigns the affidavit | 30 days | Personal property only, including debts owed to the decedent and instruments for debts, stock or other claims | S.C. Code Ann. § 62-3-1201 |
| South Dakota | $100,000 | 30 days | Not listed | S.D. Codified Laws § 29A-3-1201 |
| Tennessee | $50,000 of personal property | 45 days, provided no petition to appoint a personal representative was filed in that time | Personal property only | Tenn. Code Ann. § 30-4-102; Tenn. Code Ann. 30-4-103(1) |
| Texas | $75,000, only for a decedent who died intestate | 30 days | Does not transfer title to real property, except as Section 205.006 provides | Tex. Est. Code § 205.001; Tex. Est. Code § 205.008 |
| Utah | $100,000 | 30 days | Personal property only, including debts owed to the decedent and instruments for debts, stock or other claims | Utah Code § 75-3-1201 |
| Vermont Court route, not an affidavit |
$45,000 fair market value | Not listed | Only if the estate consists entirely of personal property | 14 V.S.A. § 1901 |
| Virginia | $75,000 personal probate estate | 60 days | Personal probate estate only | Va. Code Ann. § 64.2-601 |
| Washington | $100,000 | 40 days, plus at least ten days after notice to the other successors | Personal property only | Wash. Rev. Code § 11.62.010 |
| West Virginia | $50,000 of personal property; real estate in the state up to $100,000 | 30 days if the successor is nominated as executor in the will; 60 days otherwise | Allowed only within the $100,000 real estate limit | W. Va. Code § 44-1A-1; W. Va. Code § 44-1A-2 |
| Wisconsin | $50,000 gross value | None after death; when the affiant is the person named in the will as personal representative, the holder may not transfer until 30 days after it receives the affidavit | Only after notice by certified mail or personal service at least 30 days before the affidavit goes to the register of deeds | Wis. Stat. § 867.03 |
| Wyoming | $400,000, less liens and encumbrances | 30 days | Allowed by an application for a decree of summary distribution, filed not earlier than 30 days after the death | Wyo. Stat. Ann. § 2-1-201; Wyo. Stat. Ann. § 2-1-205 |
Rows marked "Court route" are not an affidavit handed to the holder: the heir petitions or applies to the probate court and the court issues an order. That is so in Alabama (Ala. Code § 43-2-692), Florida (Fla. Stat. § 735.301), Georgia (O.C.G.A. § 53-2-40), Kentucky (Ky. Rev. Stat. § 395.455), Pennsylvania (Pa. O.C. Rule 5.50) and Vermont (14 V.S.A. § 1901). Ohio's court may release an estate from administration only if the assets are worth $35,000 or less, or $100,000 or less when the surviving spouse takes all of the estate (Ohio Rev. Code Ann. § 2113.03).
New Hampshire has no row: the sources behind this table hold no small estate limit for it. Check with the New Hampshire probate court before you rely on any route there.
A small estate affidavit usually transfers personal property only, such as bank accounts, vehicles and household goods. In the table above, most states with a real estate rule leave real property out, and a few add their own route for it.
The limit counts only probate property, so some assets stay outside it. Missouri leaves out property held as tenants by the entirety or in joint tenancy (Mo. Rev. Stat. § 473.097). Tennessee leaves out personal property payable to a beneficiary other than the estate (Tenn. Code Ann. § 30-4-102). Illinois counts the personal estate excluding motor vehicles registered with the Secretary of State (755 ILCS 5/25-1).
A small estate affidavit collects property from whoever holds it, while an affidavit of heirship states who the heirs are. Both documents can shorten the probate process, but they serve different property types.
Signing rules for an affidavit of heirship differ by state. A last will and testament names who receives each item, but in Texas and Georgia the small estate routes above are only for a person who died intestate (Tex. Est. Code § 205.001; O.C.G.A. § 53-2-40). A self-proving affidavit attached to the will makes its probate simpler.
A small estate affidavit is a sworn statement by the successor, the person entitled to the property, and each state sets how the oath is taken and who else signs. The examples below show the range.
Not every state requires notarization, but most statutory forms include a notary section, so notarizing is the safer choice. Sign in front of the notary, not before.
A small estate affidavit comes together in a fixed order: wait out the period, gather facts on the property and heirs, fill out the form, swear to it, then deliver or file it. Keep copies of everything you collect.
A small estate affidavit form asks for facts about you, the decedent, the property, the debts and the heirs, then a sworn statement. Fill in the parts below in order.
Where a state publishes its own statutory form, use that version. Kansas, for example, asks for an affidavit in substantial compliance with the form set forth by the judicial council (Kan. Stat. Ann. § 59-1507b).
A small estate affidavit is a form the successor signs, and many people complete it without a lawyer. A lawyer helps when an heir disputes the shares, the estate includes real estate, or the value is close to the limit.
A small estate often skips full probate, because the affidavit replaces it when the estate qualifies. In Georgia, when a person died intestate and the heirs have agreed on a division, an heir may petition the probate court of the county of the decedent's domicile for an order that no administration is necessary (O.C.G.A. § 53-2-40).
A small estate affidavit costs what the filing fee, the notary and the certified death certificate add up to. Rhode Island charges a filing fee of thirty dollars ($30.00) and a certification fee of five dollars ($5.00) (R.I. Gen. Laws § 33-24-1). Oregon's probate clerk charges the fee established under ORS 21.145 for filing a simple estate affidavit, except that no fee may be charged for filing an amended affidavit (Or. Rev. Stat. § 114.515). Where no filing is needed, the cost is the notary's fee and the certificate.
A small estate affidavit usually goes to the holder of the property, and some states also send it to court. Connecticut has the affidavit filed in the Probate Court in the district where the decedent resided, when the estate qualifies under its limit (Conn. Gen. Stat. § 45a-273(a)). South Carolina has it filed in the probate court for the county of the decedent's domicile when the decedent was domiciled in the state (S.C. Code Ann. § 62-3-1201).
Washington has a small estate affidavit for estates of one hundred thousand dollars or less, usable forty days after the death (Wash. Rev. Code § 11.62.010). All debts, including funeral and burial expenses, must be paid or provided for, and a copy of the affidavit goes by mail to the state's social and health services department (Wash. Rev. Code § 11.62.010).
A small succession affidavit is Louisiana's form of the small estate affidavit, for a person who died domiciled in Louisiana leaving property with a gross value of two hundred thousand dollars or less (La. Code Civ. Proc. art. 3421(1)). The affiants swear under penalty of perjury that its contents are true (La. Code Civ. Proc. art. 3432.1).
Yes. The right alternative depends on what the person left:
A last will and testament does not avoid probate by itself: Virginia's affidavit, for one, requires that the decedent's will, if any, was duly probated (Va. Code Ann. § 64.2-601). A will names who receives each possession. Paired with a self-proving affidavit, it can often be accepted without witness testimony.
General information, not legal or tax advice.