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 | ||||
|---|---|---|---|---|
| ALAlabama | No fixed amount (CPI adjusted) | None after death; 30 days after notice | No | |
| AKAlaska | $50,000 | 30 days | No | |
| AZArizona | $200,000 (personal property) | 30 days | Yes, by separate affidavit | |
| ARArkansas | $100,000 | 45 days | Yes | |
| CACalifornia | $208,850 | 40 days | Yes, by separate affidavit | |
| COColorado | $88,000 (deaths in 2026) | 10 days | No | |
| CTConnecticut | $40,000 | None after death; 30 days after court notice | No | |
| DEDelaware | $50,000 | 30 days | No | |
| DCDistrict of Columbia | $40,000 (affidavit) | 60 days | No | |
| FLFlorida | $150,000 (summary administration) | None in statute | Yes, by court order | |
| GAGeorgia | No dollar limit (no administration order) | None in statute | Yes, by court order | |
| HIHawaii | $100,000 | None in statute | No | |
| IDIdaho | $100,000 | 30 days | No | |
| ILIllinois | $150,000 | None in statute | No | |
| INIndiana | $100,000 | 45 days | Yes, by recorded affidavit | |
| IAIowa | $50,000 | 40 days | No | |
| KSKansas | $75,000 | None in statute | No | |
| KYKentucky | $30,000 exemption plus paid preferred claims | Not listed | Not listed | |
| LALouisiana | $200,000 | Not listed | Only if there is no will | |
| MEMaine | $52,500 (deaths in 2026) | 30 days | No | |
| MDMaryland | $50,000 ($100,000 if spouse is sole heir) | Not listed | Not listed | |
| MAMassachusetts | $25,000 plus a motor vehicle | 30 days | No | |
| MIMichigan | $53,000 (deaths in 2026) | 28 days | No | |
| MNMinnesota | $75,000 | 30 days | No | |
| MSMississippi | $75,000 | 30 days | No | |
| MOMissouri | $40,000 | 30 days | Yes | |
| MTMontana | $100,000 | 30 days | No | |
| NENebraska | $100,000 | 30 days | Yes, by separate affidavit | |
| NVNevada | $25,000 ($150,000 for a surviving spouse) | 40 days | No | |
| NHNew Hampshire | No value-based procedure | Not listed | Not listed | |
| NJNew Jersey | $20,000 ($50,000 for spouse or partner) | Not listed | Yes | |
| NMNew Mexico | $50,000 | 30 days | Only a spouse's homestead | |
| NYNew York | $50,000 | Not listed | No | |
| NCNorth Carolina | $20,000 ($30,000 if spouse is sole heir) | 30 days | No | |
| NDNorth Dakota | $100,000 | 30 days | No | |
| OHOhio | $35,000 ($100,000 if spouse takes all) | None in statute | Yes, by court order | |
| OKOklahoma | $50,000 | 10 days | No | |
| OROregon | $75,000 personal; $200,000 real | 30 days | Yes, up to $200,000 | |
| PAPennsylvania | $50,000 | None in statute | No | |
| RIRhode Island | $15,000 | 30 days | No | |
| SCSouth Carolina | $45,000 | 30 days | No | |
| SDSouth Dakota | $100,000 | 30 days | No | |
| TNTennessee | $50,000 | 45 days | No | |
| TXTexas | $75,000 (not counting homestead, exempt property) | 30 days | Only the homestead | |
| UTUtah | $100,000 | 30 days | No | |
| VTVermont | $45,000 | None in statute | No | |
| VAVirginia | $75,000 | 60 days | No | |
| WAWashington | $100,000 | 40 days | No | |
| WVWest Virginia | $50,000 | 30 or 60 days | No | |
| WIWisconsin | $50,000 | None in general; 30 days in some cases | Yes, by recorded affidavit | |
| WYWyoming | $400,000 | 30 days | Only 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.
Small Estate Affidavit Limits: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
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.