Small estate affidavit: limits, waiting periods and forms by state

What is a small estate affidavit?

A small estate affidavit is a sworn statement that lets the people who inherit collect the property of someone who died without going through probate. States call it different things: an affidavit for collection of personal property (Utah, Arizona, Minnesota), an affidavit of entitlement (Nevada), a small succession affidavit (Louisiana), voluntary administration (New York). The idea is the same: when the estate is small, the heirs swear to the facts and the bank, the employer, the stock transfer agent or the DMV hands the property over.

• Who signs. The successor: the person entitled to the property under the will or, with no will, under the state's inheritance law. In California, every other person entitled to inherit the property must sign too. In Texas, each adult heir and two disinterested witnesses swear to it. Where an heir is a minor, a parent or a guardian or conservator signs for them in some states, as Texas allows.California Courts · Tex. Est. Code § 205.002
• What it collects. Mostly personal property: bank and credit union accounts, last paychecks, stocks, tax refunds, cars and belongings. Real estate usually needs a separate court step; a few states let the affidavit or a related one pass a house (see real estate).Va. Code § 64.2-600 · Utah Courts
• What the holder gets. A holder who pays or delivers on a proper affidavit is discharged and released to the same extent as if it dealt with a personal representative, and doesn't have to check the truth of the statements.S.C. Code § 62-3-1202 · Ind. Code § 29-1-8-2 · Okla. Stat. tit. 58, § 394
• What it doesn't do. It doesn't wipe out debts, and it doesn't override a beneficiary form, a joint owner or a living trust. An agent's authority under a power of attorney ends at the death, so the affidavit, not the power of attorney, is the tool afterward.FTC · Power of attorney guide

Who can use one, and what counts toward the limit

Most states that follow the Uniform Probate Code ask the same four things. Arizona, Minnesota, Montana, North Dakota, South Dakota, Utah and Maine use nearly the same words:

• The value is under the limit. Usually the probate estate, less liens and encumbrances (a car loan or mortgage). California is different: it counts gross value and does not let you subtract the person's debts.
• The waiting period has passed. Counted from the date of death: 30 days in most of these states, 40 in California, Iowa and Nevada, 45 in Indiana and Arkansas, 60 in Virginia.
• No probate case is open. No application or petition for a personal representative is pending or has been granted in any state.
• You are entitled to the property. Some states add more: Arizona wants the funeral and last-illness bills paid, Delaware all known debts paid or provided for, Oklahoma all taxes and debts.

What usually doesn't count: property that already passes to someone else, as the probate guide explains under assets that skip probate. In California that means cars, boats and mobile homes, real property outside California, property in a trust, joint tenancy, property passing directly to a surviving spouse or domestic partner, and life insurance or other assets paid to a beneficiary. Illinois and Nevada leave out vehicles; Texas and Arkansas leave out the homestead; Utah lets up to four vehicles pass by a separate affidavit.

Who counts as an heir when there is no will is set by your state's intestate succession law.

Small estate affidavit limits and waiting periods by state

Read from each state's statute, court self-help page, court form or agency on October 21 and 22, 2026, with the date each limit took effect where the source gives it. The calculator at the top uses the same rules. "0 days" means the law or the court form states no waiting period. For the probate side of the same states, see the probate rules side by side.

All 50 states and the District of Columbia are in the table. For Alabama, Alaska, Hawaii, Massachusetts, New Hampshire, North Carolina, Ohio, Tennessee, Washington and Wisconsin the state's own statute site could not be reached from our checking location on October 22, 2026, so those rows rest on the official page named in each row (a court form, a court opinion, a county court clerk, a state agency, or the Social Security Administration's summary of the state law) and say what we could not check. Ohio's dollar limits are not on the page for that reason.

Small estate affidavit in California

California's courts call it an affidavit for collection of personal property. You can use it when the person's property in California that counts is worth $208,850 or less (for deaths on or after April 1, 2025) and 40 days have passed since the death, with no probate case opened. The limit is printed on Judicial Council form DE-300, which must be attached to the affidavit; the figures are updated every 3 years, next on April 1, 2028. Deaths from April 1, 2022 to March 31, 2025 use $184,500.

• No court filing. Give the affidavit to the person, company or bank that has the property, with a certified copy of the death certificate, proof the person owned the property (like a bank statement or stock certificate) and proof of your identity (like a driver's license or passport). Notarizing it isn't legally required, but many institutions ask for it.California Courts · Prob. Code §§ 13100–13106
• Real estate of small value. Real property in California worth $69,625 or less passes by an Affidavit re Real Property of Small Value (form DE-305), filed with the superior court at least 6 months after the death, with an inventory and appraisal by a probate referee, and then recorded.Prob. Code § 13200 · form DE-305
• The main home. A primary residence worth up to $750,000 can pass by a Petition to Determine Succession to Primary Residence (form DE-310), a court petition, and it is left out of the $208,850 count.Prob. Code §§ 13151, 13152, 13154 · DE-300
• If the bank says it needs "Letters". The courts suggest speaking with the manager or legal department and pointing to Probate Code sections 13100 to 13106.California Courts

Worked example 1 (California). A mother died on August 1, 2026, leaving $120,000 in a savings account in her name alone, with no beneficiary, and a car. The car is left out of the count.

Date of death

August 1, 2026

Counts toward the limit

$120,000the account; the car is left out

California limit

$208,850deaths on or after April 1, 2025

Earliest day to sign and present

September 10, 202640 days after the death

Court?

Nogive it to the bank with DE-300 and a certified death certificate

Small estate affidavit in Texas: the court approval step

Texas works differently: its small estate affidavit is filed with the clerk of the court that would handle the estate and must be approved by the judge before banks act on it. It is available only when the person died without a will, 30 days have passed, no one has applied for administration, and the estate's assets, not counting the homestead and exempt property, are $75,000 or less and exceed the known debts. The $75,000 figure has applied since September 1, 2017, to any small estate case started after that date, whatever the date of death.

Worked example 2 (Texas). A father died without a will on June 15, 2026. He left $48,000 in a checking account and a car worth $9,000, plus the house he lived in, which was his homestead and his only real property. His two adult children agree on how to share it.

1. 1Check the value. $48,000 plus $9,000 is $57,000. The homestead is not counted. $57,000 is under the $75,000 limit.
2. 2Wait 30 days. The earliest filing day is July 15, 2026, 30 days after the death.
3. 3Sign the affidavit. Both children, as the heirs, and two disinterested witnesses swear to it. It lists every known asset and debt, each heir's name and address, and the family history that shows who inherits.
4. 4File it and wait for the judge. File it with the clerk of the court that would handle the estate. The judge examines it and approves it if it meets the law (§ 205.003).
5. 5Give certified copies to the bank and the DMV. Each holder gets a copy certified by the court clerk (§ 205.004). Some out-of-state companies may not know the Texas procedure and may ask for letters; the Texas State Law Library suggests talking to a lawyer then.
6. 6Record it for the house. Because the homestead is the only real property, the approved affidavit transfers it once it is recorded in the deed records of the county where the house is.

New York, Illinois, Florida, Pennsylvania and other large states

• New York: voluntary administration. A small estate is personal property with a gross value of $50,000 or less. The voluntary administrator files an affidavit with the Surrogate's Court clerk, with a certified copy of the death certificate; the fee is $1, there is no waiting period, and the court issues a short certificate to show the bank.N.Y. SCPA §§ 1301, 1304
• Illinois: small estate affidavit. The court form covers a personal estate of $150,000 or less, not counting vehicles registered with the Secretary of State. You attach the death certificate, list the debts and pay them in the order the form sets, and sign under oath before a notary. The form also shows the surviving spouse's award: $20,000, plus $10,000 for each minor or dependent child living with the spouse.755 ILCS 5/25-1 · court form of November 13, 2025
• Florida: no affidavit. Florida uses summary administration, a court petition, for an estate of $150,000 or less from July 1, 2026 (up from $75,000), or any amount once the person has been dead more than 2 years. With no will, heirs can ask the court by affidavit to release exempt property plus up to $20,000 more after 1 year.Fla. Stat. §§ 735.201, 735.304 · ch. 2026-57
• Pennsylvania: Register of Wills. Philadelphia's Register of Wills says small estate affidavits are filed with the Register for estates valued at $50,000 or less, and its form lets a bank pay a deposit account to the spouse, a child, a parent or a sibling under 20 Pa.C.S. § 3101. Ask your county's Register for the current rules.Philadelphia Register of Wills
• New Jersey: the county surrogate. With no will, the surrogate can issue an Affidavit of Surviving Spouse for real and personal assets up to $50,000, or an Affidavit of Next of Kin, with the other heirs' consent, up to $20,000.Gloucester County Surrogate
• Georgia: no administration necessary. No affidavit. When there is no will, an heir can petition the probate court for an order that no administration is necessary, if all heirs agree on the division and the debts are paid or the creditors consent or are served. There is no size limit.O.C.G.A. § 53-2-40
• Virginia and Arizona. Virginia: up to $75,000 of personal property, 60 days after the death, on a state form, with any will already probated. Arizona: up to $200,000 of personal property after 30 days, and a separate court affidavit for real property up to $300,000 after 6 months.Va. Code § 64.2-601 · A.R.S. § 14-3971

How to file a small estate affidavit, step by step

1. 1List what the person owned, and how. Separate what passes on its own (accounts with a payable-on-death beneficiary, joint accounts with survivorship, life insurance, retirement accounts, a living trust) from what was in the person's name alone. Only the second group counts.
2. 2Add up the value that counts. Use the value on the date of death. Subtract liens only if your state allows it (California does not subtract debts). Use the table above for your state's limit and what it leaves out.
3. 3Check for a will. Texas and New Jersey allow their procedures only with no will; Virginia requires any will to be probated first; Iowa wants a copy of any will delivered to the court clerk.
4. 4Wait out the waiting period. Count from the date of death. Don't sign early: the affidavit says, under oath, that the time has passed.
5. 5Get the right form. Use the court's or agency's form where there is one (Colorado JDF 999, Nebraska CC 15:40, Michigan PC 598, Connecticut PC-212, Virginia's state form). Many banks have their own form; California's courts suggest asking the bank first.
6. 6Sign it the way your state requires. Many are signed under oath before a notary, and some forms say so outright. Other heirs sign too where the law says so.
7. 7File it, or give it to the holder. In most states you give it straight to the bank or other holder. In Texas, South Carolina, New York, Missouri, Arkansas, Oregon, Connecticut, Rhode Island, West Virginia and Wyoming it is filed with a court or a county clerk first, and the holder gets a certified copy or a court paper.
8. 8Collect, pay the debts, then share. Keep copies of everything. Use the money to pay the person's valid debts before you hand shares to the other heirs (see What happens after).

What the bank or DMV will ask for, and real estate

Holders ask for proof that the affidavit fits the law. The checklist below gathers what official sources list; your state's form may add more.

• Cars. Several states transfer a vehicle on the affidavit or their own version of it: Arizona's Motor Vehicle Division, Minnesota's registrar and Utah (up to four vehicles). Colorado's DMV uses its own form, DR 2712; Idaho's is ITD 3413; Nevada's DMV form VP-24 asks for a certified copy of the death certificate.A.R.S. § 14-3971(D) · Minn. Stat. § 524.3-1201(d) · Colorado Judicial Branch · NV DMV
• Real estate. Most affidavits don't transfer land. The exceptions have their own rules: California's DE-305 (up to $69,625, after 6 months) and DE-310 petition (main home up to $750,000), Arizona's court affidavit for real property, Texas for a homestead, Missouri and Arkansas by recording or a deed of distribution, Louisiana's small succession affidavit, Oregon (up to $200,000 of real property) and Wyoming's summary distribution.state sources in the table
• After the house passes. If the heirs then want to put the house in one name, a quitclaim deed is the usual tool, and recording a deed can bring a transfer tax or recording fee in some states.Quitclaim deed and transfer tax guides
• If the holder refuses. Ask for the manager or the legal department and point to your state's statute. Some states add teeth: in Utah, a holder that wrongly refuses can be liable for up to three times the value plus costs and attorney fees, and Iowa awards attorney fees against a holder that unreasonably refuses.Utah Code § 75-3-1202 · Iowa Code § 633.356

What happens after a small estate affidavit is filed

Once the holder pays or delivers, it is released from liability, and the job moves to you: the property is in your hands for everyone entitled to it, and the person's valid debts come first.

1. The holder pays

   The bank, employer or transfer agent pays or delivers on the affidavit (or, in Texas, New York and Connecticut, on the court paper) and is discharged as if it dealt with a personal representative.

2. You pay the debts

   Missouri says it plainly: the affiant collects the property, sells what is needed to pay the debts and distributes the rest. Illinois lists the classes of debts in the order they are paid.

3. Creditors may still claim

   In Missouri, a creditors' notice is published when the property is over $15,000, and claims are barred one year after the death. In Oregon, unlisted claims can come in for 4 months after the affidavit is filed. In Nebraska, a creditor can't recover from you after 3 years from the death or 1 year after distribution, whichever is later.

4. Real estate is recorded

   Where real estate passes, the certified affidavit or court paper is recorded with the county recorder or register of deeds.

5. If more turns up

   If the estate turns out to be over the limit, or a creditor won't be paid, the estate may have to go through probate after all.

Common mistakes, and what not to say in an affidavit

An affidavit is sworn testimony. Arizona's statute warns that a false statement may bring penalties for perjury, and Michigan's form says the same. Say only what you know is true, and nothing more.

• Signing before the waiting period ends. The affidavit states that the days have passed; count from the date of death.
• Counting the wrong things. Including accounts with a beneficiary inflates the total; leaving out property in the person's name alone understates it.
• Leaving out heirs or debts. List every person entitled and every known debt. In Nevada, relatives with an equal or higher right get notice 14 days before you sign; in Indiana, everyone named is notified.
• Using it when a case is open. If anyone has applied to be personal representative, the affidavit is off the table.
• Claiming real estate the affidavit can't pass. Use your state's real property route instead.
• Guessing at values. Use statements and appraisals as of the date of death; California's DE-305 requires an appraisal by a probate referee.
• Paying yourself first. Debts come before shares, in the order your state sets.

What to do next

Common questions

Official sources

1. Judicial Council of California, form DE-300 (Rev. April 28, 2025): maximum values for small estates (PDF) courts.ca.gov
2. California Courts Self-Help: Check if you can use a simple process to transfer property selfhelp.courts.ca.gov
3. California Courts Self-Help: Transfer personal property using an affidavit selfhelp.courts.ca.gov
4. Judicial Council of California, form DE-305 (Rev. January 1, 2026): Affidavit re Real Property of Small Value (PDF) courts.ca.gov
5. Texas Estates Code, Chapter 205: small estate affidavit (§§ 205.001-205.008) tcss.legis.texas.gov
6. Texas H.B. 2271 (2017), enrolled text: $75,000 limit, effective September 1, 2017 capitol.texas.gov
7. Texas State Law Library: Informal methods of probate (small estate affidavit) guides.sll.texas.gov
8. Florida Statutes § 735.201 (2026): summary administration flsenate.gov
9. Florida Statutes § 735.301 (2026): disposition without administration flsenate.gov
10. Florida Statutes § 735.304 (2026): small intestate estates by affidavit flsenate.gov
11. Florida House of Representatives: final bill analysis, CS/HB 1337 (2026), ch. 2026-57 (PDF) flsenate.gov
12. New York Surrogate's Court Procedure Act § 1301: small estate defined nysenate.gov
13. New York Surrogate's Court Procedure Act § 1304: summary procedure, no waiting period, $1 fee nysenate.gov
14. Illinois 24th Judicial Circuit: Small Estate Affidavit form (November 13, 2025) (PDF) 24thcircuit.illinoiscourts.gov
15. Code of Virginia § 64.2-601: payment or delivery of small asset by affidavit law.lis.virginia.gov
16. Arizona Revised Statutes § 14-3971: collection of personal property by affidavit; real property affidavit azleg.gov
17. Arizona Laws 2025, ch. 24 (H.B. 2116): small estate affidavit limits azleg.gov
18. Revised Statutes of Missouri § 473.097: small estate affidavit revisor.mo.gov
19. Minnesota Statutes § 524.3-1201: collection of personal property by affidavit revisor.mn.gov
20. Laws of Minnesota 2016, ch. 135 (art. 2, sec. 31): limit raised to $75,000 revisor.mn.gov
21. South Carolina Code, Title 62, Chapter 3 (§§ 62-3-1201, 62-3-1202) scstatehouse.gov
22. Colorado Judicial Branch, form JDF 999 (R: April 28, 2026): Collection of Personal Property by Affidavit (PDF) coloradojudicial.gov
23. Colorado Judicial Branch, JDF 998 (R: March 19, 2026): Guide to Collecting a Decedent's Personal Property (PDF) coloradojudicial.gov
24. Social Security Administration, POMS GN 02315.052: Indiana small estates (May 5, 2025) secure.ssa.gov
25. Oklahoma Statutes, Title 58 (§ 393: payment or delivery of property by affidavit) oklegislature.gov
26. Oregon Judicial Department, Lincoln County: Probate self-help (simple estate affidavit) courts.oregon.gov
27. Social Security Administration, POMS GN 02315.075: Oregon small estates (May 5, 2025) secure.ssa.gov
28. South Dakota Codified Laws § 29A-3-1201: collection of personal property by affidavit sdlegislature.gov
29. Social Security Administration, POMS GN 02315.080: South Dakota small estates (June 26, 2025) secure.ssa.gov
30. Louisiana Code of Civil Procedure art. 3421: small successions defined legis.la.gov
31. Louisiana Legislature, HB 215 (2026), Act 293: effective August 1, 2026 legis.la.gov
32. Social Security Administration, POMS GN 02315.056: Louisiana small successions (August 25, 2023) secure.ssa.gov
33. Delaware Code, Title 12, § 2306: distribution without letters where assets do not exceed $50,000 delcode.delaware.gov
34. Montana Code Annotated 2025, § 72-3-1101: collection of personal property by affidavit leg.mt.gov
35. North Dakota Century Code, ch. 30.1-23 (§ 30.1-23-01) (PDF) ndlegis.gov
36. Wyoming Statutes, Title 2 (§§ 2-1-201, 2-1-205) (PDF) wyoleg.gov
37. Wyoming Enrolled Act No. 85 (2025, SF0104): $400,000, effective July 1, 2025 (PDF) wyoleg.gov
38. Nebraska Judicial Branch Self-Help: Affidavit for Transfer of Personal Property without Probate (CC 15:40) supremecourt.nebraska.gov
39. Utah Code § 75-3-1201: collection of personal property by affidavit le.utah.gov
40. Utah State Courts: Small estates utcourts.gov
41. Iowa Acts 2026, ch. 1048 (H.F. 2660): small estate affidavit raised to $100,000 (PDF) legis.iowa.gov
42. Nevada Self-Help Center (Supreme Court of Nevada): Affidavit of Entitlement selfhelp.nvcourts.gov
43. Nevada DMV form VP-24: Affidavit for Transfer of Title for Estates without Probate (PDF) dmv.nv.gov
44. Arkansas Act 423 of 2021: collection of small estates by distributee (§ 28-41-101) (PDF) webftp.blr.arkansas.gov
45. Sebastian County, Arkansas, Circuit Clerk: Probate information (small estate filing fee) sebastiancountyar.gov
46. Kansas Statutes 59-1507b: small estates affidavit ksrevisor.gov
47. Connecticut General Statutes, chapter 802b (§ 45a-273: small estates) cga.ct.gov
48. Connecticut Probate Courts, form PC-212: Affidavit in Lieu of Probate of Will/Administration (PDF) ctprobate.gov
49. Michigan Courts, form PC 598 (4/24): Affidavit of Decedent's Successor for Delivery of Certain Assets (PDF) courts.michigan.gov
50. Maine Revised Statutes, Title 18-C, § 3-1201: collection of personal property by affidavit legislature.maine.gov
51. Idaho Transportation Department, form ITD 3413 (Rev. 10/24): Small Estate Affidavit (PDF) itd.idaho.gov
52. Social Security Administration, POMS GN 02315.047: Georgia small estates (no administration necessary) secure.ssa.gov
53. Houston County, Georgia, Probate Court: Georgia probate proceedings brochure (PDF) houstoncountyga.gov
54. Maryland Code, Estates and Trusts § 5-601: small estates mgaleg.maryland.gov
55. D.C. Code § 20-351: small estates code.dccouncil.gov
56. Vermont Statutes, 14 V.S.A. § 1901: commencement of small estate legislature.vermont.gov
57. Kentucky Revised Statutes § 395.455: transfer of assets without administration apps.legislature.ky.gov
58. City of Philadelphia, Register of Wills: Small estate affidavit phila.gov
59. Gloucester County, New Jersey, Surrogate: frequently asked questions (small estates) gloucestercountynj.gov
60. Federal Trade Commission: Debts and deceased relatives consumer.ftc.gov
61. New Mexico Courts Self-Representation: Probate (small estates under $50,000) selfrepresentation.nmcourts.gov
62. Rhode Island Probate Court form PC-1.10 (Rev. 03/21): Petition for Voluntary Informal Administrator (PDF) docs.sos.ri.gov
63. West Virginia Legislature, H.B. 2867 (2025), enrolled: § 44-1A-2 small estate affidavit, in effect July 9, 2025 wvlegislature.gov
64. Mississippi S.B. 2850 (2020), enrolled: § 91-7-322 small estate affidavit, $75,000 from July 1, 2020 (PDF) da.mdah.ms.gov
65. Code of Ala. § 43-2-691 Definitions Alabama Legislature (ALISON; text read from the site's own data endpoint)
66. Code of Ala. § 43-2-692 Petition for summary distribution Alabama Legislature (ALISON)
67. Code of Ala. § 43-2-696.02 Adjustments to small estate amount Alabama Legislature (ALISON)
68. Consumer Price Index Adjustments (Sections 6-10-12 & 43-8-116) Alabama State Treasurer
69. HB164 enrolled (Act 2025-431) Alabama Legislature
70. Revised Alabama Small Estates Act Mobile County Probate Court
71. SSA POMS GN 02315.037 Alaska Small Estates (rev. 02/12/2009, batch 03/18/2014) U.S. Social Security Administration
72. Deceased Owner Alaska Division of Motor Vehicles
73. Form 827 Affidavit for an Estate with Assets of $150,000 or Less (Rev. 1/2018) Alaska Division of Motor Vehicles
74. Form 3C-E-210 Affidavit for Collection of Personal Property of the Decedent (8/2014) Hawaii State Judiciary
75. SSA POMS GN 02315.049 Hawaii Small Estates (12/19/2014) U.S. Social Security Administration
76. DMVL400 Affidavit for Collection of Personal Property of the Decedent (vehicles) County of Maui
77. SSA POMS GN 02315.059 Massachusetts Small Estates (06/26/2013) U.S. Social Security Administration
78. SSA POMS GN 02315.067 New Hampshire Small Estates (rev. 02/12/2009, batch 06/26/2013) U.S. Social Security Administration
79. SSA POMS GN 02315.071 North Carolina Small Estates (10/09/2014) U.S. Social Security Administration
80. SSA POMS GN 02315.073 Ohio Small Estates (01/13/2014) U.S. Social Security Administration
81. 2026 Small Estate Petition for Limited Letters of Authority Shelby County Probate Court (30th Judicial District)
82. Small Estate Petition for Limited Letters of Authority (without will) Davidson County Circuit Court Clerk (Nashville)
83. Petition for Limited Letters of Administration of a Small Estate Putnam County Court Clerk
84. SSA POMS GN 02315.081 Tennessee Small Estates (10/09/2014; describes the pre-2023 affidavit) U.S. Social Security Administration
85. Tennessee: Tenn. Code Ann. § 30-4-101 et seq. · county court forms Tennessee
86. SSA POMS GN 02315.087 Washington Small Estates (03/27/2009, TN 12 03-14) U.S. Social Security Administration
87. DOC 05-698 Affidavit for Disposition of Personal Property (Rev. 09/01/23) Washington State Department of Corrections
88. In re (Seidling), Bankr. W.D. Wis. No. 22-11191, decision of 03/18/2026 U.S. Bankruptcy Court, Western District of Wisconsin
89. SSA POMS GN 02315.089 Wisconsin Small Estates (01/13/2014) U.S. Social Security Administration

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