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Small Estate Affidavit Limits by State

A small estate affidavit is a sworn statement that lets an heir or other successor collect property of a person who died without opening a full probate case. The successor signs the affidavit and gives it to whoever holds the asset, such as a bank or a vehicle agency, and the holder releases the property. Some states call the process summary administration or simplified probate instead.

50 states and DC compared. Last checked .

At a glance

Maximum estate value: range
$15,000 to $400,000
Across the 47 jurisdictions with a single statewide figure.
Waiting period after death: range
0 days to 60 days
Across the 41 jurisdictions with a single statewide figure.
Real estate can pass
16 of 48
States and DC where the answer is yes or yes in some cases.

Compare small estate affidavit limits

Each state sets its own rules. The main ones are the maximum value of the estate that can use the shortcut, how long the successor must wait after the death before using it, and whether real estate can pass this way or needs a separate procedure. This guide compares those rules side by side and links each one to the statute it comes from.

51 of 51 shown

Sources
ALAlabamaNo fixed amount (CPI adjusted)None after death; 30 days after noticeNo
AKAlaska$50,00030 daysNo
AZArizona$200,000 (personal property)30 daysYes, by separate affidavit
ARArkansas$100,00045 daysYes
CACalifornia$208,85040 daysYes, by separate affidavit
COColorado$88,000 (deaths in 2026)10 daysNo
CTConnecticut$40,000None after death; 30 days after court noticeNo
DEDelaware$50,00030 daysNo
DCDistrict of Columbia$40,000 (affidavit)60 daysNo
FLFlorida$150,000 (summary administration)None in statuteYes, by court order
GAGeorgiaNo dollar limit (no administration order)None in statuteYes, by court order
HIHawaii$100,000None in statuteNo
IDIdaho$100,00030 daysNo
ILIllinois$150,000None in statuteNo
INIndiana$100,00045 daysYes, by recorded affidavit
IAIowa$50,00040 daysNo
KSKansas$75,000None in statuteNo
KYKentucky$30,000 exemption plus paid preferred claimsNot listedNot listed
LALouisiana$200,000Not listedOnly if there is no will
MEMaine$52,500 (deaths in 2026)30 daysNo
MDMaryland$50,000 ($100,000 if spouse is sole heir)Not listedNot listed
MAMassachusetts$25,000 plus a motor vehicle30 daysNo
MIMichigan$53,000 (deaths in 2026)28 daysNo
MNMinnesota$75,00030 daysNo
MSMississippi$75,00030 daysNo
MOMissouri$40,00030 daysYes
MTMontana$100,00030 daysNo
NENebraska$100,00030 daysYes, by separate affidavit
NVNevada$25,000 ($150,000 for a surviving spouse)40 daysNo
NHNew HampshireNo value-based procedureNot listedNot listed
NJNew Jersey$20,000 ($50,000 for spouse or partner)Not listedYes
NMNew Mexico$50,00030 daysOnly a spouse's homestead
NYNew York$50,000Not listedNo
NCNorth Carolina$20,000 ($30,000 if spouse is sole heir)30 daysNo
NDNorth Dakota$100,00030 daysNo
OHOhio$35,000 ($100,000 if spouse takes all)None in statuteYes, by court order
OKOklahoma$50,00010 daysNo
OROregon$75,000 personal; $200,000 real30 daysYes, up to $200,000
PAPennsylvania$50,000None in statuteNo
RIRhode Island$15,00030 daysNo
SCSouth Carolina$45,00030 daysNo
SDSouth Dakota$100,00030 daysNo
TNTennessee$50,00045 daysNo
TXTexas$75,000 (not counting homestead, exempt property)30 daysOnly the homestead
UTUtah$100,00030 daysNo
VTVermont$45,000None in statuteNo
VAVirginia$75,00060 daysNo
WAWashington$100,00040 daysNo
WVWest Virginia$50,00030 or 60 daysNo
WIWisconsin$50,000None in general; 30 days in some casesYes, by recorded affidavit
WYWyoming$400,00030 daysOnly by court decree

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

Frequently asked questions

What is a small estate affidavit?

It is a sworn statement that lets an heir or other entitled person collect property of someone who died without a full probate case. It is only available when the estate is below a limit set by state law and other conditions are met.

Can I use a small estate affidavit if there is a will?

In many states the procedure is available whether or not the person left a will, and the property passes to those named in the will or entitled by law. Some states limit the procedure in certain cases, so check the rule for your state.

Does the estate value limit include every asset?

Not always. Each state decides what counts toward the limit. Assets that pass outside probate, such as accounts with a payable on death beneficiary or property held in a living trust, are often left out, and some states exclude certain vehicles or exempt property.

Do I have to file the affidavit with a court?

It depends on the state. Some states let you hand the affidavit directly to the person holding the asset, while others require filing it with the probate court or having it approved by a judge, especially when real estate is involved.

What if the estate is over the limit?

If the estate is over the limit, the small estate affidavit cannot be used, and a regular or other simplified probate process is usually needed. Planning tools such as a living trust or a transfer on death deed can keep assets out of probate in the future.

Which states have the highest and lowest maximum estate value?

Among the 47 jurisdictions with a single statewide figure, maximum estate value ranges from $15,000 (Rhode Island) to $400,000 (Wyoming). The most common figure is $50,000 (11 jurisdictions). Check each state's page for exceptions.

Which states have the highest and lowest waiting period after death?

Among the 41 jurisdictions with a single statewide figure, waiting period after death ranges from 0 days (Florida, Georgia, Hawaii, Illinois, Kansas and Ohio and others) to 60 days (District of Columbia and Virginia). The most common figure is 30 days (21 jurisdictions). Check each state's page for exceptions.

Real estate can pass: which states say yes?

Of the 48 jurisdictions we checked, the answer is yes in 12 jurisdictions, in some cases in 4, no in 32. Yes: Arizona, Arkansas, California, Florida, Georgia, Indiana, Missouri, Nebraska, New Jersey, Ohio, Oregon and Wisconsin. In some cases: Louisiana, New Mexico, Texas and Wyoming.