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Small Estate Affidavit: What It Is and Who Can Use One

Applies nationallyLast reviewed

The short answer

A small estate affidavit is a sworn statement that lets you collect someone’s money and belongings without opening a full probate case. Every state sets its own limit on how large the estate can be, its own waiting period after the death, and its own rule about whether real estate is included. If the estate fits under your state’s limit, this is usually the fastest and cheapest way to transfer what the person owned.

What the affidavit actually does

When someone dies, banks, credit unions and transfer agents will not release what they hold until somebody proves they have the legal right to collect it. Probate is the usual way to prove that: a court appoints a personal representative and issues paperwork the bank will accept. A small estate affidavit is the shortcut. Instead of a court case, you sign a sworn statement saying who died, what they left, that the estate is under the state’s limit, and that you are entitled to the property. You hand that to the bank, and the bank releases the money to you.

It is not a loophole and it is not informal. You are swearing to facts under penalty of perjury, and the institution is relying on your statement instead of a court order. If the estate is actually larger than the limit, or there are other heirs you did not account for, using the affidavit can create real liability for you.

The four things every state decides differently

Whether the affidavit fits is one question out of dozens. Answer a few questions about your situation and Go Forward builds the full list of what applies to you, in the order it needs doing.

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Steps this page connects to: Check whether probate is required · Prepare the small estate affidavit packet · Order certified death certificates

  1. The dollar limit. Each state caps how much personal property the procedure can cover. The caps differ enormously between states, and several of them are adjusted on a schedule rather than staying fixed.
  2. The waiting period. Most states make you wait a set number of days after the death before the affidavit can be used. A few have no wait at all.
  3. Whether real estate counts. Some states cover a house with the same procedure, some exclude real estate entirely, and some have a second, separate affidavit just for real estate — often with a different limit and a longer wait.
  4. Where it goes. In some states you sign in front of a notary and take it straight to the bank. In others you file it with the probate clerk first and use what the clerk gives you back.

Limits and waiting periods by state

Each row below links to the statute or court self-help page we read, and shows the date we read it. Where we could not confirm a state’s current figure on an official page, the row says so rather than showing a number we are not sure about — ask that county’s probate clerk instead.

  • Alabama

    We could not confirm this state’s current figures on an official page, so we are not showing a number. Ask the probate clerk in the county where the person lived.

    Ala. Code § 43-2-692 — not confirmed on an official page

  • Alaska

    Procedure:
    small estate affidavit
    Limit:
    $50,000
    Wait:
    30 days
    Real estate:
    not covered

    Vehicles registered in Alaska have a separate limit of $100,000. It can't be used if they owned any real estate in their name.

    Alaska Stat. § 13.16.680 — official page read September 18, 2026

  • Arizona

    Procedure:
    small estate affidavit
    Limit:
    $200,000
    Wait:
    30 days
    Real estate:
    separate procedure

    This limit took effect September 26, 2025.

    Real estate worth up to $300,000 uses a separate affidavit, available 6 months after the death.

    A.R.S. § 14-3971 — official page read September 18, 2026

  • Arkansas

    Procedure:
    small estate affidavit
    Limit:
    $100,000
    Wait:
    45 days
    Real estate:
    covered

    The home and some family allowances don't count toward the limit. The affidavit is filed with the probate clerk.

    Ark. Code Ann. § 28-41-101 — official page read September 18, 2026

  • California

    Procedure:
    small estate affidavit
    Limit:
    $208,850
    Wait:
    40 days
    Real estate:
    separate procedure

    This applies to deaths on or after April 1, 2025. The amount is updated every three years.

    Real estate worth up to $69,625 uses a separate affidavit, and a court petition can transfer a main home worth up to $750,000.

    Cal. Prob. Code § 13100 (adjusted under § 890) — official page read September 18, 2026

  • Colorado

    Procedure:
    small estate affidavit
    Limit:
    $88,000
    Wait:
    10 days
    Real estate:
    not covered

    This is the amount for deaths in 2026. It changes every year.

    C.R.S. § 15-12-1201 — official page read September 18, 2026

  • Connecticut

    Procedure:
    small estates affidavit
    Limit:
    $40,000
    Wait:
    none stated
    Real estate:
    not covered

    Only property in their name alone counts. It can't be used if they owned Connecticut real estate in their name alone.

    C.G.S. § 45a-273 — official page read September 18, 2026

  • Delaware

    Procedure:
    small estate affidavit
    Limit:
    $50,000
    Wait:
    30 days
    Real estate:
    not covered

    It can't be used if they owned real estate in Delaware, alone or shared as tenants in common. Known debts must be paid first.

    12 Del. C. § 2306 — official page read September 18, 2026

  • District of Columbia

    Procedure:
    small estate proceeding
    Limit:
    $80,000
    Wait:
    none stated
    Real estate:
    not confirmed

    This is a court process, not an affidavit. The limit went up on March 21, 2025.

    D.C. Code § 20-351 — official page read September 18, 2026

  • Florida

    Procedure:
    summary administration
    Limit:
    $150,000
    Wait:
    none stated
    Real estate:
    covered

    This is a court process. The limit applies to deaths on or after July 1, 2026; it was $75,000 before that. It is also available at any value if the death was more than 2 years ago. A protected homestead doesn't count.

    Fla. Stat. § 735.201 — official page read September 18, 2026

  • Georgia

    Procedure:
    petition for no administration necessary
    Limit:
    no dollar cap stated
    Wait:
    none stated
    Real estate:
    covered

    There is no dollar limit. It is only for people who died without a will, all heirs must agree, and the debts must be paid or the creditors must agree.

    O.C.G.A. § 53-2-40 et seq. — official page read September 18, 2026

  • Hawaii

    Procedure:
    small estate affidavit
    Limit:
    $100,000
    Wait:
    none stated
    Real estate:
    separate procedure

    Cars don't count toward the limit and can be transferred at any value.

    For estates up to $100,000, the court clerk can handle the whole estate, including real estate.

    HRS § 560:3-1201 — official page read September 18, 2026

  • Idaho

    Procedure:
    small estate affidavit
    Limit:
    $100,000
    Wait:
    30 days
    Real estate:
    not covered

    The whole estate counts, after subtracting loans against it.

    Idaho Code § 15-3-1201 — official page read September 18, 2026

  • Illinois

    Procedure:
    small estate affidavit
    Limit:
    $150,000
    Wait:
    none stated
    Real estate:
    not covered

    This applies to deaths on or after August 15, 2025. Registered vehicles don't count toward the limit.

    755 ILCS 5/25-1 — official page read September 18, 2026

  • Indiana

    Procedure:
    small estate affidavit
    Limit:
    $100,000
    Wait:
    45 days
    Real estate:
    not covered

    This applies to deaths after June 30, 2022. Loans against property and reasonable funeral costs are subtracted first.

    Ind. Code § 29-1-8-1 — official page read September 18, 2026

  • Iowa

    Procedure:
    small estate affidavit
    Limit:
    $50,000
    Wait:
    40 days
    Real estate:
    separate procedure

    It can't be used if there is any real estate.

    A separate court process for estates up to $200,000 can include real estate.

    Iowa Code § 633.356 — official page read September 18, 2026

  • Kansas

    Procedure:
    small estate affidavit
    Limit:
    $75,000
    Wait:
    none stated
    Real estate:
    not covered

    The total of all probate assets counts.

    K.S.A. 59-1507b — official page read September 18, 2026

  • Kentucky

    Procedure:
    order dispensing with administration
    Limit:
    $30,000
    Wait:
    none stated
    Real estate:
    not confirmed

    This is a court order, not an affidavit. It is used when everything left fits within the $30,000 set aside for a surviving spouse or children.

    KRS 395.455; KRS 391.030 ($30,000 exemption) — official page read September 18, 2026

  • Louisiana

    Procedure:
    small estate affidavit (called a small succession in Louisiana)
    Limit:
    $200,000
    Wait:
    none stated
    Real estate:
    covered

    The limit went up on August 1, 2026, so ask the clerk which limit applies to an earlier death. It stays $125,000 for someone who lived outside Louisiana.

    La. C.C.P. arts. 3421, 3431-3434 — official page read September 18, 2026

  • Maine

    Procedure:
    small estate affidavit
    Limit:
    $52,500
    Wait:
    30 days
    Real estate:
    not covered

    This is the amount for deaths in 2026. It changes every year.

    18-C M.R.S. § 3-1201; § 1-108 (inflation adjustment) — official page read September 18, 2026

  • Maryland

    Procedure:
    small estate administration
    Limit:
    $50,000
    Wait:
    none stated
    Real estate:
    covered

    This is a court petition, not an affidavit. The limit is $100,000 when the surviving spouse is the only heir.

    Md. Code, Est. & Trusts §§ 5-601, 5-602 — official page read September 18, 2026

  • Massachusetts

    Procedure:
    voluntary administration
    Limit:
    $25,000
    Wait:
    30 days
    Real estate:
    not covered

    One vehicle doesn't count toward the limit.

    M.G.L. c. 190B § 3-1201 — official page read September 18, 2026

  • Michigan

    Procedure:
    small estate affidavit
    Limit:
    $53,000
    Wait:
    28 days
    Real estate:
    not covered

    This is the amount for deaths in 2026. It changes every year. It can't be used if there is any real estate.

    MCL 700.3983 (adjusted per MCL 700.1210) — official page read September 18, 2026

  • Minnesota

    Procedure:
    small estate affidavit
    Limit:
    $75,000
    Wait:
    30 days
    Real estate:
    not covered

    The whole probate estate counts, after subtracting loans against it.

    Minn. Stat. § 524.3-1201 — official page read September 18, 2026

  • Mississippi

    Procedure:
    small estate affidavit
    Limit:
    $75,000
    Wait:
    30 days
    Real estate:
    not covered

    The whole probate estate counts, after subtracting loans against it. This limit took effect July 1, 2020.

    Miss. Code Ann. § 91-7-322 — official page read September 18, 2026

  • Missouri

    Procedure:
    small estate affidavit
    Limit:
    $40,000
    Wait:
    30 days
    Real estate:
    covered

    The whole estate counts, after subtracting debts and loans against it. For real estate, a copy is filed with the county recorder.

    RSMo § 473.097 — official page read September 18, 2026

  • Montana

    Procedure:
    small estate affidavit
    Limit:
    $100,000
    Wait:
    30 days
    Real estate:
    not covered

    The whole probate estate counts, after subtracting loans against it.

    Mont. Code Ann. § 72-3-1101 — official page read September 18, 2026

  • Nebraska

    Procedure:
    small estate affidavit
    Limit:
    $100,000
    Wait:
    30 days
    Real estate:
    separate procedure

    Real estate worth up to $100,000 uses a separate affidavit filed with the register of deeds.

    Neb. Rev. Stat. §§ 30-24,125, 30-24,129 — official page read September 18, 2026

  • Nevada

    Procedure:
    small estate affidavit
    Limit:
    $25,000
    Wait:
    40 days
    Real estate:
    separate procedure

    The limit is $150,000 when the surviving spouse files. Vehicles don't count. It can't be used if there is any real estate.

    A court can set aside estates up to $150,000, including real estate, without full probate.

    NRS 146.080 — official page read September 18, 2026

  • New Hampshire

    Procedure:
    waiver of administration
    Limit:
    no dollar cap stated
    Wait:
    none stated
    Real estate:
    covered

    There is no dollar limit. It is a lighter court process, with no inventory or accounting, used when the only heir or all the heirs take charge of the estate.

    RSA 553:32 — official page read September 18, 2026

  • New Jersey

    Procedure:
    affidavit in lieu of administration
    Limit:
    $20,000
    Wait:
    none stated
    Real estate:
    not confirmed

    The limit is $50,000 when a surviving spouse or partner files. It is only for people who died without a will.

    N.J.S.A. 3B:10-3 (spouse/partner), 3B:10-4 (next of kin) — official page read September 18, 2026

  • New Mexico

    Procedure:
    small estate affidavit
    Limit:
    $50,000
    Wait:
    30 days
    Real estate:
    separate procedure

    It can't be used if there is any real estate.

    A surviving spouse can transfer the main home with a separate affidavit 6 months after the death, if its assessed value is $500,000 or less.

    NMSA 1978 § 45-3-1201 — official page read September 18, 2026

  • New York

    Procedure:
    voluntary administration
    Limit:
    $50,000
    Wait:
    none stated
    Real estate:
    not covered

    Some family property set aside by law doesn't count. It can't be used if they owned real estate in their name alone.

    SCPA § 1301 (Article 13) — official page read September 18, 2026

  • North Carolina

    Procedure:
    small estate affidavit
    Limit:
    $20,000
    Wait:
    30 days
    Real estate:
    not covered

    The limit is $30,000 when the surviving spouse is the only heir.

    N.C.G.S. § 28A-25-1 (intestate); § 28A-25-1.1 (testate) — official page read September 18, 2026

  • North Dakota

    Procedure:
    small estate affidavit
    Limit:
    $100,000
    Wait:
    30 days
    Real estate:
    not covered

    The whole estate counts, after subtracting loans against it.

    N.D.C.C. § 30.1-23-01 — official page read September 18, 2026

  • Ohio

    Procedure:
    release from administration
    Limit:
    $35,000
    Wait:
    none stated
    Real estate:
    covered

    This is a court order, not an affidavit. The limit is $100,000 when the surviving spouse receives the whole estate.

    Ohio Rev. Code § 2113.03 — official page read September 18, 2026

  • Oklahoma

    Procedure:
    small estate affidavit
    Limit:
    $50,000
    Wait:
    10 days
    Real estate:
    separate procedure

    Debts and taxes must be paid first.

    A court summary process for estates up to $300,000 can include real estate.

    58 O.S. § 393 — official page read September 18, 2026

  • Oregon

    Procedure:
    simple estate affidavit
    Limit:
    $75,000
    Wait:
    30 days
    Real estate:
    covered

    Real estate worth up to $200,000 can be included on top of this.

    ORS 114.505-114.560 (limits in 114.510; filing in 114.515) — official page read September 18, 2026

  • Pennsylvania

    Procedure:
    small estate petition
    Limit:
    $50,000
    Wait:
    none stated
    Real estate:
    not covered

    This is a court petition, not an affidavit. Real estate doesn't count toward the limit and can't pass this way.

    20 Pa.C.S. § 3102 — official page read September 18, 2026

  • Rhode Island

    Procedure:
    small estate process
    Limit:
    $15,000
    Wait:
    30 days
    Real estate:
    not covered

    It is filed with the probate court. Household belongings and other physical items don't count.

    R.I. Gen. Laws § 33-24-1 — official page read September 18, 2026

  • South Carolina

    Procedure:
    small estate affidavit
    Limit:
    $45,000
    Wait:
    30 days
    Real estate:
    not covered

    A probate judge must sign off. This limit took effect May 8, 2025.

    S.C. Code § 62-3-1201 — official page read September 18, 2026

  • South Dakota

    Procedure:
    small estate affidavit
    Limit:
    $100,000
    Wait:
    30 days
    Real estate:
    not covered

    It can't be used if they owed the state for nursing home or Medicaid care.

    SDCL § 29A-3-1201 — official page read September 18, 2026

  • Tennessee

    Procedure:
    small estate affidavit
    Limit:
    $50,000
    Wait:
    45 days
    Real estate:
    not covered

    The court can shorten the wait.

    Tenn. Code Ann. §§ 30-4-102, 30-4-103 — official page read September 18, 2026

  • Texas

    Procedure:
    small estate affidavit
    Limit:
    $75,000
    Wait:
    30 days
    Real estate:
    covered

    The home and some exempt property don't count toward the limit. It is only for people who died without a will, and a judge must approve it. The only real estate it can transfer is the home.

    Tex. Est. Code §§ 205.001, 205.006 — official page read September 18, 2026

  • Utah

    Procedure:
    small estate affidavit
    Limit:
    $100,000
    Wait:
    30 days
    Real estate:
    not covered

    Up to 4 vehicles or boats don't count toward the limit.

    Utah Code § 75-3-1201 — official page read September 18, 2026

  • Vermont

    Procedure:
    small estate process
    Limit:
    $45,000
    Wait:
    none stated
    Real estate:
    not covered

    This is a short court process, and everything in the estate must be personal property.

    14 V.S.A. § 1901 — official page read September 18, 2026

  • Virginia

    Procedure:
    small estate affidavit
    Limit:
    $75,000
    Wait:
    60 days
    Real estate:
    not covered

    All known heirs must sign, and any will must go through probate first.

    Va. Code § 64.2-601 — official page read September 18, 2026

  • Washington

    Procedure:
    small estate affidavit
    Limit:
    $100,000
    Wait:
    40 days
    Real estate:
    not covered

    A surviving spouse or partner's half of shared property doesn't count. All debts must be paid first.

    RCW 11.62.010 — official page read September 18, 2026

  • West Virginia

    Procedure:
    short-form settlement
    Limit:
    $200,000
    Wait:
    none stated
    Real estate:
    not confirmed

    This is a simpler probate process run by the estate's representative, not an affidavit.

    W. Va. Code § 44-2-1(b) — official page read September 18, 2026

  • Wisconsin

    Procedure:
    transfer by affidavit
    Limit:
    $50,000
    Wait:
    none stated
    Real estate:
    covered

    Heirs can use it for real estate too, but a named executor who is not also an heir can't.

    Wis. Stat. § 867.03 — official page read September 18, 2026

  • Wyoming

    Procedure:
    distribution by affidavit
    Limit:
    $400,000
    Wait:
    30 days
    Real estate:
    separate procedure

    This limit took effect in 2025.

    Real estate uses a separate court order with the same limit.

    Wyo. Stat. § 2-1-201 (real property: § 2-1-205) — official page read September 18, 2026

Before you sign one

  • Add up the personal property first — bank accounts, vehicles, brokerage accounts, uncashed checks, personal belongings — so you know whether the estate is genuinely under the limit.
  • Check whether anything passes outside the estate anyway. Accounts with a named beneficiary, payable-on-death accounts and jointly owned property usually transfer on their own, and often do not count toward the limit.
  • Find out what the receiving institution wants. A bank can ask for a certified death certificate, its own form and the affidavit, and its requirements are not the same as the state’s.
  • Make sure the other heirs know. Several states require every entitled heir to sign or to be notified, and a quiet affidavit is how family disputes start.

When to stop and get a lawyer

Talk to a probate attorney in the state where the person lived if the estate is anywhere near the limit, if there is real estate in more than one state, if anyone disputes who should inherit, if the person owned a business, or if the debts may be larger than the assets. A one-hour consultation is far cheaper than an affidavit that turns out to have been the wrong tool.

Sources

Each state above links to the statute or court page we read, with the date we read it.

How we source and review these pages, and how to tell us about a mistake: our editorial policy.

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