Reviewing the Small Estate Affidavit Process in Your State

After someone dies, a small estate affidavit allows property transfers outside of probate in certain cases. This reduces the delays associated with the probate process, so heirs can claim their assets within a few weeks rather than months. Some states refer to the small estate affidavit as the affidavit for collection of personal property, affidavit in lieu of administration or voluntary administration.

How Does a Small Estate Affidavit Work?

During probate, the court supervises the process of transferring a deceased person's assets to the beneficiaries, or heirs, named in their will. Most states only require probate when these estate assets exceed a certain value, when the person had no will or when the person's family members contest the will.

When the estate is worth less than the probate amount, heirs can complete the small estate affidavit to claim property left to them in a valid will. This is a simple legal form you can get from your local county clerk or ask an attorney to prepare. They can also provide more information about the laws in your state. For example, some states require a waiting period after the death date before you can submit a small estate affidavit.

The form asks you to provide:

A copy of your driver's license, passport or legal identification
Your name and address
The name and last known address of the deceased person
The names and addresses of their family members
The property you claim and its value, along with details such as a vehicle identification number or bank account number as appropriate
A copy of the person's will
A copy of the person's certificate of death
Documents proving that the deceased person owned the property in question

Some states ask you to disclose estate debts and/or funeral expenses on the small estate affidavit.

You can save significant time and money by avoiding probate when possible. Usually, you can only use a small estate affidavit to claim personal property left to you by a family member; real estate typically requires a more involved probate process. The executor named in the will can also complete this form on your behalf.

You can take the form to the bank that currently holds the asset to claim the funds. You might have to file the form with the court and get approval before taking this step in some states.

When Does an Estate Qualify as Small?

The definition of a small estate varies by state. The maximum value to qualify for the small affidavit process ranges from $50,000 to $150,000.

Each state also defines the types of assets that count toward the probate amount. Other assets are considered exempt from probate. Exempt assets, which can transfer to heirs outside of probate regardless of the estate value, typically include:

Assets owned with someone else, such as a home shared with a spouse
Bank and investment accounts for which the decedent has named a beneficiary
Life insurance policies with a named beneficiary
Your primary residence at the time of death

What Are the Small Estate Affidavit Laws by State?

These are the basics regarding the small estate affidavit in each state:

Alabama: The summary distribution process applies to estates worth less than $30,608 in 2022 with no real estate. You must wait 30 days after the person's death to file this legal request.
Alaska: You can claim vehicles valued at no more than $100,000 and other assets worth up to $50,000 with the state's affidavit for the collection of personal property. The waiting period is 30 days after the date of death.
Arizona: You can use the state's small estate affidavit for collection of personal property for assets worth up to $100,000. The waiting period is 6 months.
Arkansas: The limit for small estates is $100,000, which doesn't include real property. The waiting period is 45 days.
California: The small estate limit is$166,250 with a 45-day waiting period. Certain assets, including manufactured homes, boats, vehicles and unpaid compensation up to a specified amount, don't count toward this limit.
Colorado: The small estate limit is $74,000 with a 10-day waiting period.
Connecticut: The $40,000 small estate limit in this state doesn't include real estate holdings.
Delaware: The small estate waiting period is 30 days for assets of up to $30,000, not including real estate.
District of Columbia: Small estates are worth up to $40,000. You must wait 120 days after the person's death to file the necessary forms.
Florida: The state has two paths for small estate administration. The first is for assets of up to $20,000 and the second is for assets of up to $75,000, with certain exceptions.
Georgia: While the state doesn't have a formal procedure in place, you can typically claim assets of up to $15,000 with a simple form.
Hawaii, Idaho, Illinois, Indiana: Small estates are worth up to $100,000.
Iowa: The state has a $50,000 small estate limit and a 40-day waiting period.
Kansas: The small estate limit is $40,000.
Kentucky:The small estate limit is $30,000.
Louisiana:The small estate limit is $125,000.
Maine: The state has a 30-day waiting period for small estates of up to $40,000.
Maryland: The small estate threshold is $50,000 or $100,000, depending on certain circumstances.
Massachusetts, South Carolina: Estates worth up to $25,000 can be settled 30 days after the person's death.
Michigan: Estates worth up to $25,000 can be settled 28 days after the person's death.
Minnesota, Mississippi, Texas: Estates worth up to $75,000 can be settled 30 days after the person's death.
Missouri: Estates worth up to $40,000 can be settled 30 days after the person's death.
Montana, Nebraska, New Mexico, North Dakota, South Dakota, Wisconsin: Estates worth up to $50,000 can be settled 30 days after the person's death.
Nevada: The small estate limit is $25,000 but increases to $100,000 for the surviving spouse. The waiting period is 40 days.
New Hampshire: No formal procedure in place.
New Jersey: The small estate limit is $25,000 but increases to $50,000 for the surviving spouse.
New York, Pennsylvania: The small estate limit is $50,000.
North Carolina: Estates worth up to $20,000 can be settled 30 days after the person's death.
Ohio: The state has two paths for small estate administration depending on factors such as estate size.
Oklahoma: Estates worth up to $50,000 can be settled 10 days after the person's death.
Oregon: The state has a limit of $75,000 for personal property and $200,000 for real property.
Rhode Island: Estates worth up to $15,000 can be settled 30 days after the person's death.
Tennessee: The state's small estate limit is $25,000.
Utah: Estates worth up to $100,000 can be settled 30 days after the person's death.
Vermont: The small estate limit is $45,000.
Virginia: The state has a $50,000 limit and a 6-month waiting period.
Washington: The state has a $100,000 limit and a 40-day waiting period.
West Virginia: The small estate limit is $50,000 for personal property and $100,000 for real property.
Wyoming: Estates up to $200,000 can be settled 30 days after the person's death.