A small estate affidavit lets heirs collect a deceased person's property without a full probate case when the estate is under your state's dollar limit. Among the limits confirmed here, figures range from $15,000 in Rhode Island to $200,000 for personal property in Arizona, and waiting periods are often 30 to 60 days. Real estate is frequently excluded. Confirm your state's current rules with the probate court. This is general information, not legal advice.
A small estate affidavit is a sworn written statement, signed by an heir or other successor, that asks a bank, brokerage or other holder to release a deceased person's property. It is meant for estates that fall below a dollar limit set by state law, and it is usually faster and cheaper than a full probate case. Some states use a bare affidavit presented to the asset holder; others require a petition or court order. Terms vary, including "summary administration," "small estate procedure" and "collection by affidavit."
Eligibility is set by state law, but common requirements include:
Assets that pass outside probate, such as accounts with a named beneficiary or jointly owned property, are often not counted, but check how your state treats them. For a broader walkthrough, see our guide to how to probate a will without a lawyer.
It varies. In the statutes checked for this guide, Idaho, Minnesota, Missouri, Nebraska, North Carolina and South Dakota require 30 days after death, Washington requires 40 days and Virginia requires 60 days. For the remaining states, the waiting period was not verified here, so ask the probate court. Related timing questions are covered in how long probate takes.
Thresholds checked October 2026. Where a number appears, it was read from the linked official statute or court page. Where it says "Verify with the probate court," we could not confirm the current figure from an official source, so please confirm directly. Limits change often.
| State | Dollar limit / rule | Notes | Official source |
|---|---|---|---|
| Alabama | Verify with the probate court | Figure changed recently; confirm current limit and form with the probate judge. | Alabama Judicial System |
| Alaska | $50,000 personal property (after debts and liens) | Excludes certain vehicles/equipment per court page; real property handled differently. | Alaska Court System: small estate affidavit |
| Arizona | $200,000 personal property | Statute also has a separate real-property affidavit with its own limit; read A.R.S. 14-3971 and related sections. | A.R.S. 14-3971 |
| Arkansas | Verify with the probate court | Court publishes a small estate affidavit form; confirm the current limit. | Arkansas Judiciary |
| California | Verify with the probate court | Limit is adjusted periodically; official court page says the affidavit cannot transfer real property. Check the current Judicial Council figure. | California Courts Self-Help: small estate |
| Colorado | Verify with the probate court | Court self-help has a collection-of-personal-property affidavit; confirm limit. | Colorado Judicial Branch |
| Connecticut | Verify with the probate court | Handled through probate courts; confirm limits and forms. | Connecticut Judicial Branch |
| Delaware | $50,000 (personal estate) | 30-day wait. Per the statute, not available when the decedent owned Delaware real estate. | Delaware Code Title 12, ch. 23 |
| District of Columbia | $80,000 (small estate procedure) | Register of Wills small-estate procedure rather than a bare affidavit. | D.C. Code 20-351 |
| Florida | No general affidavit limit found; summary administration up to $150,000 (non-exempt property) or death more than 2 years ago | Court order required for summary administration; chapter 735 also has a separate small-bank-account affidavit (aggregate $2,000). | Florida Statutes ch. 735 |
| Georgia | Verify with the probate court | Confirm with the probate court whether any affidavit route applies. | Georgia Courts |
| Hawaii | Verify with the probate court | Confirm with the probate court. | Hawaii State Judiciary |
| Idaho | $100,000 (entire probate estate), 30 days after death | Statutory wait of 30 days. | Idaho Code 15-3-1201 |
| Illinois | Verify with the probate court | Confirm with the circuit court clerk. | Illinois Courts |
| Indiana | Verify with the probate court | Confirm limit and form with the court. | Indiana Courts |
| Iowa | $200,000 gross probate assets | Simplified court administration (small estate), not a pure affidavit. | Iowa Code ch. 635 |
| Kansas | $75,000 (total probate assets) | Statute covers transfer of personal property to a successor. | K.S.A. 59-1507b |
| Kentucky | Verify with the probate court | Confirm with the county clerk or probate court. | Kentucky Court of Justice |
| Louisiana | $200,000 gross value (resident decedent) | Affidavit route also covers immovable property. Different limits apply to non-residents' Louisiana property; confirm with the clerk. | Louisiana Legislature: succession by affidavit |
| Maine | $40,000, adjusted for inflation | Net of liens; personal property; 30-day wait. Maine adjusts the figure, so confirm the current amount. | Maine Statutes 18-C 3-1201 |
| Maryland | $50,000 (small estate); see statute for surviving-spouse provision | Small estate administered under simplified procedure via the Register of Wills. | Md. Code, Est. & Trusts 5-601 |
| Massachusetts | Verify with the probate court | Confirm limit for voluntary administration. | Massachusetts Probate and Family Court |
| Michigan | $50,000, adjusted for inflation | Estate must not include real property; net of liens; adjusted under MCL 700.1210, so confirm the current figure. | Michigan MCL 700.3983 |
| Minnesota | $75,000 (entire probate estate), 30 days after death | Statutory wait of 30 days. | Minn. Stat. 524.3-1201 |
| Mississippi | Verify with the probate court | Confirm with the chancery clerk. | Mississippi Judiciary |
| Missouri | $40,000 (entire estate, after liens and debts), 30 days after death | Statutory wait of 30 days. | RSMo 473.097 |
| Montana | Verify with the probate court | Confirm with the district court. | Montana Judicial Branch |
| Nebraska | $100,000 personal property, 30 days after death | Statutory wait of 30 days. | Neb. Rev. Stat. 30-24,125 |
| Nevada | $150,000 (set-aside petition to the court) | Court petition (NRS 146.070); Nevada also has other small-estate routes, so check the statute. | NRS chapter 146 |
| New Hampshire | Verify with the probate court | Confirm with the probate court. | New Hampshire Judicial Branch |
| New Jersey | $50,000 | Intestate estates only; surviving spouse or partner files with the Surrogate. Figure from a 2015 amendment; confirm it is current. | New Jersey P.L. 2015, c. 232 |
| New Mexico | Verify with the probate court | Confirm with the district court. | New Mexico Courts |
| New York | Verify with the probate court | Small estate (voluntary administration) is handled by the Surrogate's Court; confirm limit. | New York Courts |
| North Carolina | $20,000 personal property if the person died without a will (higher figure possible in some surviving-spouse cases; see statute), 30 days after death | Statute applies when decedent dies intestate. | N.C. Gen. Stat. 28A-25-1 |
| North Dakota | Verify with the probate court | Confirm with the district court. | North Dakota Courts |
| Ohio | Verify with the probate court | Ohio uses release-from-administration and other procedures; confirm with the probate court. | Supreme Court of Ohio |
| Oklahoma | $300,000 (summary administration) | A court petition, not a pure affidavit. Covers real and personal property. | Oklahoma Statutes 58 O.S. 245 |
| Oregon | Verify with the probate court | Small estate procedure; confirm limits for personal and real property. | Oregon Judicial Department |
| Pennsylvania | $50,000 gross personal property (real estate excluded) | Petition to the orphans' court; the court decides. | 20 Pa.C.S. 3102 |
| Rhode Island | $15,000 (personal property, excluding tangible personal property) | Small estate procedure under R.I. Gen. Laws 33-24-1. | R.I. Gen. Laws 33-24-1 |
| South Carolina | $45,000 | Personal property only; 30 days after death. Limit raised in 2025. | South Carolina Act (S.C. Code 62-3-1201 amendment) |
| South Dakota | $100,000 (entire estate), 30 days after death | Statutory wait of 30 days. | SDCL 29A-3-1201 |
| Tennessee | Verify with the probate court | Confirm with the probate or chancery court clerk. | Tennessee Courts |
| Texas | Verify with the probate court | Texas uses a court-filed small estate affidavit; confirm the current limit and waiting period in Estates Code ch. 205. | Texas Estates Code ch. 205 |
| Utah | Under $100,000 entire estate | At least 30 days after death; per the court page, no real property. | Utah Courts: small estates |
| Vermont | Verify with the probate court | Confirm with the probate division. | Vermont Judiciary |
| Virginia | $75,000 (personal probate estate), 60 days after death | Affidavit made by all known successors; statutory wait of 60 days. | Va. Code 64.2-601 |
| Washington | $100,000 (probate assets, excluding the survivor's community property interest), 40 days after death | Statutory wait of 40 days. | RCW 11.62.010 |
| West Virginia | $50,000 personal property (real estate ≤ $100,000 also addressed) | Small asset affidavit; read the statute for how real estate is counted. | W. Va. Code ch. 44, art. 1A |
| Wisconsin | $50,000 (petition for summary assignment) | Court order required (not a bare affidavit). | Wis. Stat. 867.02 |
| Wyoming | $400,000 (real plus personal, net of liens) | Summary distribution; at least 30 days must have passed since death. | Wyoming Judicial Branch: small estates |
Thresholds checked October 2026. 51 jurisdictions listed (50 states and DC); dollar figures confirmed for 18. Some rows describe court-filed procedures rather than a bare affidavit. Statutes and court pages can change.
Questions about executor duties are covered in executor of an estate responsibilities.
A will, named beneficiaries and, for some people, a living trust can change how an estate is handled. See how to avoid probate for the general options. If you want to put a will in place online, Trust & Will is one option to review; check current pricing and state availability on its own site and consider an attorney for complex situations.
A small estate affidavit is a sworn statement that lets heirs collect a deceased person's remaining property without opening a full probate case, usually when the estate is below a state-set dollar limit. Details, forms and filing rules vary by state and are set by each state's probate court or statute.
Usually a successor or heir who is entitled to the property, such as a spouse, child or other heir. Many states require that no personal representative has been appointed and that a waiting period has passed. Eligibility rules differ, so check the statute or ask the probate court.
It depends on the state. Among the statutes checked for this guide, Idaho, Minnesota, Missouri, Nebraska, North Carolina and South Dakota use 30 days, Washington uses 40 days and Virginia uses 60 days. For other states, ask the probate court.
Often not. California's court self-help page states the affidavit cannot be used to transfer real property such as a house, and many other states treat real estate separately or require a court process. Check your state's rules or ask the probate court before assuming a house is covered.
In many states, assets that pass by beneficiary designation or joint ownership are not part of the probate estate and may not count toward the limit, but rules differ. Confirm how your state counts assets with the probate court.
Many states design the process for people without a lawyer, but this is not legal advice and some situations (disputes, debts, real estate, missing heirs) are complicated. A licensed attorney in your state can tell you whether the affidavit fits your situation.
Thresholds checked October 2026 against the sources linked in each row where a number is shown. Limits change often and some are adjusted for inflation, so always confirm the current figure with the probate court before filing. Where no number is shown, it was not verified.
Planning tools such as a will, beneficiary designations or a living trust can change how an estate is handled, but they do not replace advice for your situation. Our guide on how to avoid probate explains common options at a general level.
This article is general information, not legal advice. Laws change and vary by state; confirm details with the probate court or a licensed attorney.
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