A small estate affidavit is a sworn statement that lets heirs collect a deceased person's property without a full probate case. It only works when the estate stays under the limit that state law sets. Many states also add a waiting period, so the rules depend on where the person lived. You can download a free form for your state from the list below.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.
A small estate affidavit lets you collect a deceased person's property without a full probate case. It is not available in every situation, because each state sets its own conditions. The points below show what to check first.
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 needs careful preparation. A court or a bank can reject a form that leaves out an heir or an asset, so gather the facts before you fill in anything. Work through the checks below first.
Collecting this information takes time. Start before you file, and use the waiting period after the death to do it.
Both documents can shorten the probate process, but they serve different property types. A small estate affidavit mainly covers personal property. An affidavit of heirship is mainly used to show who inherits real estate. Choose the one that fits what the person left.
Signing rules for an affidavit of heirship differ by state. Many ask for a notary, and some ask for witnesses. A person who plans ahead can avoid the question with a last will and testament and a self-proving affidavit.
The table below lists each state's dollar limit, the waiting time after death, and the state law. Limits and waiting periods change, and some states have more than one limit or route. Use the table as a starting point and confirm the current figure with your state's probate court.
| STATE | MAX. AMOUNT | Waiting Time After Death of Decedent | STATE LAW |
| Alabama | Sum of the homestead allowance, exempt property and family allowance, as adjusted by the CPI formula in Sec. 43-8-116 | 30 days | Alabama Code, Section 43-2-692 |
| Alaska | $100,000 (for vehicles) and $50,000 (for non-vehicles) | 30 days | Alaska Statutes, Section 13.16.680 |
| Arizona | $200,000 (for personal property) and $300,000 (for real property) | 30 days | Arizona Revised Statutes, Section 14-3971 |
| Arkansas | $100,000 | 45 days | Arkansas Annotated Code, Section 28-41-101 |
| California | $208,850 for deaths on or after April 1, 2025. $184,500 for deaths from April 1, 2022, to March 31, 2025. $166,250 for deaths before April 1, 2022 (Sec. 890 adjusted amounts) | 40 days | California Probate Code, Section 13100 |
| Colorado | Twice the amount set forth in Sec. 15-11-403, as adjusted by Sec. 15-10-112 | 10 days | Colorado Revised Statutes, Section 15-12-1201 |
| Connecticut | $40,000 | No Statute | Connecticut General Statutes, Chapter 802b, Section 45a-273 |
| Delaware | $50,000 | 30 days | Delaware Code, Title 12, Section 2306 |
| Florida | Funeral and last-60-days medical expenses (Sec. 735.301), plus $20,000 if intestate (Sec. 735.304). $150,000 for summary administration (Sec. 735.201) | None stated (Sec. 735.301). More than 1 year for the intestate route (Sec. 735.304) | Florida Statutes, Chapter 735 |
| Georgia | No limit for the court petition (Sec. 53-2-40). Banks may pay deposits up to $15,000 on affidavit (Sec. 7-1-239) | None stated (Sec. 53-2-40) | Georgia Code, Section 53-2-40 (petition for an order that no administration is necessary) |
| Hawaii | $100,000 | No Statute | Hawaii Revised Statutes, Section 560:3-1201 |
| Idaho | $100,000 | 30 days | Idaho Statutes, Section 15-3-1201 |
| Illinois | $150,000 | No Statute | Illinois Compiled Statutes, Chapter 755, Section 5/9-8 |
| Indiana | $100,000 | 45 days | Indiana Code, Section 29-1-8-1 |
| Iowa | $50,000 | 40 days | Iowa Code, Section 633.356 |
| Kansas | $75,000 | None stated (Sec. 59-1507b) | Kansas Statute, Section 59-1507b |
| Kentucky | $30,000 | No Statute | Kentucky Revised Statutes, Sections 391.030 and 395.455 |
| Louisiana | $200,000 | No Statute | Louisiana Code of Civil Procedure, Article 3421 |
| Maine | $40,000, adjusted yearly for inflation | 30 days | Maine Probate Code, Title 18-C, Section 3-1201 |
| Maryland | $100,000 (for spouse) and $50,000 (for descendants) | No Statute | Maryland Annotated Code, Estates and Trusts, Section 5-601 |
| Massachusetts | $25,000 | 30 days | Massachusetts General Laws, Chapter 190B, Section 3-1201 |
| Michigan | $50,000, adjusted for cost of living as provided in Sec. 700.1210 | 28 days | Michigan Compiled Laws, Section 700.3983 |
| Minnesota | $75,000 | 30 days | Minnesota Statutes, Section 524.3-1201 |
| Mississippi | $75,000 | 30 days | Mississippi Annotated Code, Section 91-7-322 |
| Missouri | $40,000 | 30 days | Missouri Revised Statutes, Section 473.097 |
| Montana | $100,000 | 30 days | Montana Code Annotated, Section 72-3-1101 |
| Nebraska | $100,000 | 30 days | Nebraska Revised Statutes, Section 30-24,129 |
| Nevada | $150,000 (for spouse) and $25,000 (for other claimants) | 40 days | Nevada Revised Statutes, Section 146.080 |
| New Hampshire | No Statute | No Statute | New Hampshire Revised Statutes, Section 553:32 |
| New Jersey | $50,000 (for spouse) and $20,000 (for heirs) | None stated (Sections 3B:10-3 and 3B:10-4) | New Jersey Statutes, Sections 3B:10-3 and 3B:10-4 |
| New Mexico | $50,000 | 30 days | New Mexico Annotated Statutes, Section 45-3-1201 |
| New York | $50,000 | None (Sec. 1304(1)). 30 days for debtor payments (Sec. 1310(3)) | New York Surrogate's Court Procedure Act, Article 13, Sections 1301 to 1312 |
| North Carolina | $20,000 | 30 days | North Carolina General Statutes, Section 28A-25-1 |
| North Dakota | $100,000 | 30 days | North Dakota Century Code, Section 30.1-23-01 |
| Ohio | $100,000 (for spouse) and $35,000 (for other claimants) | None stated (Sections 2113.03 and 2113.031) | Ohio Revised Code, Section 2113.03 |
| Oklahoma | $50,000 | 10 days | Oklahoma Statutes, Section 58-393 |
| Oregon | $75,000 for personal property and $200,000 for real property and manufactured homes (two separate limits, Sec. 114.510) | 30 days | Oregon Revised Statutes, Section 114.515 |
| Pennsylvania | $50,000 | No Statute | Pennsylvania Consolidated Statutes, Title 20, Section 3102 |
| Rhode Island | $15,000 | 30 days | Rhode Island General Laws, Section 33-24-1 |
| South Carolina | $45,000 | 30 days | South Carolina Code of Laws, Section 62-3-1201 |
| South Dakota | $100,000 | 30 days | South Dakota Codified Laws, Section 29A-3-1201 |
| Tennessee | $50,000 | 45 days | Tennessee Code Annotated, Sections 30-4-102 and 30-4-103 |
| Texas | $75,000 | 30 days | Texas Statutes, Estates Code, Section 205.001 |
| Utah | $100,000 | 30 days | Utah Code, Section 75-3-1201 |
| Vermont | $45,000 | No Statute | Vermont Statutes, Title 14, Sections 1901 to 1903 |
| Virginia | $75,000 | 60 days | Virginia Code, Sections 64.2-601 to 64.2-605 |
| Washington | $100,000 | 40 days | Washington Revised Code, Section 11.62.010 |
| West Virginia | $50,000 (for personal property) and $100,000 (for real property) | 30 days (executor named in the will) or 60 days (other successors) | West Virginia Code, Sections 44-1A-1 to 44-1A-5 |
| Wisconsin | $50,000 | 30 days | Wisconsin Statutes and Annotations, Section 867.03 |
| Wyoming | $400,000 | 30 days | Wyoming Statutes, Section 2-1-201 |
"No Statute" in the waiting time column means this page does not list a fixed waiting period for that state. It does not mean the state has no timing rules, so check the state page or the court.
Getting a small estate affidavit takes seven steps. The process is shorter than full probate, but each step needs care, and a missed detail can delay the result. Follow the steps in order and keep copies of everything you collect along the way.
Many states set a waiting period after the date of death before you can use the affidavit. Where a statute sets one, it usually runs from 10 days to 60 days, with 30 days the most common. A few routes are longer (six months for Arizona's real property affidavit, more than a year for one Florida route), and some states set none. Check the table above for your state and use the time to prepare.
The affidavit asks you to list everything the person owned and give a value for each item. Bank accounts are usually easy to value. Vehicles, furniture, and smaller items take more work, because you need a market value for each. Use the waiting period to collect this information.
The affidavit should name the surviving relatives who may inherit. Who counts depends on your state's inheritance rules, but the list usually includes:
Some states require you to notify the other heirs before you use the affidavit, for example Washington (RCW 11.62.010) and Wyoming (W.S. 2-1-205). The method differs: mail or personal service in Washington, first class mail in Wyoming, and certified mail or personal service in Wisconsin when the affidavit covers real property (Wis. Stat. 867.03). Check your state's rule.
Collect a certified copy of the death certificate. The CDC page on where to order a death certificate in each state points you to the right office. It also helps to have bank statements and proof of ownership for large items such as vehicles.
With the details at hand, you can fill out the form. Pick your state from the list above to download a free form, or use the Create My Document button to build one online. The next section walks through each part of the form.
Many affidavits are signed before a notary public. Not every state requires notarization, but most statutory forms include a notary section, so notarizing is the safer choice. Some states also ask for witnesses. If yours does, the witnesses are usually:
Ask a local attorney if you have doubts.
Where you file depends on your state. In some states you present the signed affidavit to the bank or other holder of the property. In others you file it with the probate court clerk and pay a filing fee. If the office rejects the document, it usually tells you what to fix.
Filling out the form is quick once the research is done. The form asks for your details, the deceased person's details, the property, the debts, and the heirs. Work through the six parts below in order.
Ask a lawyer to confirm the form covers what your state requires, because a general form may not fit every jurisdiction. Where a state publishes its own statutory form, use that version.
The main fixed cost is the filing fee at the probate office, if your state asks you to file the affidavit there. The rest of the cost depends on how you prepare the document and who helps you:
You can download the form free from FormsPal, or use the small estate affidavit builder to create a personalized form step by step. Filing fees vary by state, so check with your probate court.
Yes. The right alternative depends on what the person left:
The best way to avoid the problem is a last will and testament. 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.