Small Estate Laws by State — 2026 Affidavit Thresholds
Small estate thresholds range from $5,000 (Mississippi) to $300,000 (California for the simplified affidavit procedure). Most states set their threshold between $25,000 and $100,000. If the estate is below the threshold and has no real estate, heirs can often transfer assets using a simple affidavit — no probate court required.
How Small Estate Laws Let You Skip Probate
Every state has recognized that putting a modest estate through full probate — with its court filings, attorney fees, and months-long timeline — is a disproportionate burden on grieving families. Small estate laws are the legislature's solution: they set a dollar threshold below which heirs can use streamlined procedures to transfer assets quickly and cheaply.
The most powerful tool is the small estate affidavit — a sworn statement that lets an heir walk into a bank, show the affidavit and the death certificate, and walk out with the funds. No court involvement, no waiting for a judge, no attorney required (though one can help). Most states allow this procedure for estates under $25,000 to $100,000 in personal property.
Critically, small estate procedures typically apply only to personal property. If the deceased owned real estate (a home, land, rental property), most states require full probate or another transfer mechanism like a living trust, transfer-on-death deed, or joint tenancy. Use our small estate affidavit checker to see if the estate qualifies in your state.
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50-State Comparison
| State | Small Estate Threshold | Affidavit Procedure | Key Statute |
|---|---|---|---|
| Alabama | $25,000 | Affidavit procedure available | Ala. Code § 43-2-848 |
| Alaska | $50,000 | Affidavit procedure available | Alaska Stat. § 13.16 |
| Arizona | $75,000 | Affidavit procedure available | A.R.S. § 14-3719 |
| Arkansas | $100,000 | Affidavit procedure available | Ark. Code § 28-48-108 |
| California | $208,850 | Affidavit procedure available | Cal. Prob. Code §§ 10800, 10810 |
| Colorado | $86,000 | Affidavit procedure available | C.R.S. § 15-12-719 |
| Connecticut | $40,000 | Affidavit procedure available | Conn. Gen. Stat. § 45a-107 |
| Delaware | $30,000 | Affidavit procedure available | Del. Code tit. 12, § 2304 |
| District of Columbia | $40,000 | Affidavit procedure available | D.C. Code § 20-751 |
| Florida | $75,000 | Affidavit procedure available | Fla. Stat. §§ 733.617, 733.6171 |
| Georgia | $10,000 | Affidavit procedure available | O.C.G.A. § 53-6-60 |
| Hawaii | $100,000 | Affidavit procedure available | HRS § 560:3-719 |
| Idaho | $100,000 | Affidavit procedure available | Idaho Code § 15-3-719 |
| Illinois | $100,000 | Affidavit procedure available | 755 ILCS 5/27-2 |
| Indiana | $50,000 | Affidavit procedure available | Ind. Code § 29-1-10-13 |
| Iowa | $25,000 | Affidavit procedure available | Iowa Code §§ 633.197, 633A.3107 |
| Kansas | $40,000 | Affidavit procedure available | K.S.A. § 59-1717 |
| Kentucky | $30,000 | Affidavit procedure available | KRS § 395.150 |
| Louisiana | $125,000 | Affidavit procedure available | La. C.C.P. Art. 3431 |
| Maine | $40,000 | Affidavit procedure available | 18-C M.R.S. § 3-719 |
| Maryland | $50,000 | Affidavit procedure available | MD Est. & Trusts § 7-601 |
| Massachusetts | $25,000 | Affidavit procedure available | ALM GL ch. 190B, § 3-719 |
| Michigan | $15,000 | Affidavit procedure available | MCL § 700.3719 |
| Minnesota | $75,000 | Affidavit procedure available | Minn. Stat. § 524.3-719 |
| Mississippi | $75,000 | Affidavit procedure available | Miss. Code § 91-7-299 |
| Missouri | $40,000 | Affidavit procedure available | RSMo § 473.153 |
| Montana | $50,000 | Affidavit procedure available | MCA § 72-3-631 |
| Nebraska | $50,000 | Affidavit procedure available | Neb. Rev. Stat. § 30-2479 |
| Nevada | $100,000 | Affidavit procedure available | NRS § 150.020 |
| New Hampshire | $10,000 | Affidavit procedure available | RSA § 553:6 |
| New Jersey | $50,000 | Affidavit procedure available | N.J.S.A. 3B:18-14 |
| New Mexico | $50,000 | Affidavit procedure available | NMSA § 45-3-719 |
| New York | $50,000 | Affidavit procedure available | SCPA §§ 2307, 2110 |
| North Carolina | $20,000 | Affidavit procedure available | N.C.G.S. § 28A-23-3 |
| North Dakota | $50,000 | Affidavit procedure available | N.D.C.C. § 30.1-18-19 |
| Ohio | $35,000 | Affidavit procedure available | ORC §§ 2113.35, 2113.36 |
| Oklahoma | $200,000 | Affidavit procedure available | 58 O.S. § 527 |
| Oregon | $275,000 | Affidavit procedure available | ORS § 116.173 |
| Pennsylvania | $50,000 | Affidavit procedure available | 20 Pa.C.S. § 3537 |
| Rhode Island | $15,000 | No affidavit — simplified administration only | R.I. Gen. Laws § 33-14 |
| South Carolina | $25,000 | Affidavit procedure available | S.C. Code § 62-3-719 |
| South Dakota | $50,000 | Affidavit procedure available | SDCL § 30-22-6 |
| Tennessee | $50,000 | Affidavit procedure available | Tenn. Code § 30-2-606 |
| Texas | $75,000 | Affidavit procedure available | Tex. Est. Code § 352.002 |
| Utah | $100,000 | Affidavit procedure available | Utah Code § 75-3-719 |
| Vermont | $45,000 | No affidavit — simplified administration only | 14 V.S.A. § 1218 |
| Virginia | $50,000 | Affidavit procedure available | Va. Code § 64.2-1208 |
| Washington | $100,000 | Affidavit procedure available | RCW § 11.48.210 |
| West Virginia | $100,000 | Affidavit procedure available | W. Va. Code § 44-4-12 |
| Wisconsin | $50,000 | Affidavit procedure available | Wis. Stat. § 857.05 |
| Wyoming | $200,000 | Affidavit procedure available | Wyo. Stat. §§ 2-7-803, 2-7-804 |
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Frequently Asked Questions
What is a small estate affidavit?▾
A small estate affidavit (also called a 'successor affidavit' or 'affidavit of heirship') is a legal document that allows heirs to claim a deceased person's assets without going through formal probate court. The heir swears under oath that they are entitled to the assets, that the estate qualifies as a small estate under the state's threshold, and that no formal probate proceeding has been opened. Banks, employers, and other asset holders can then release assets to the heir without a court order.
How long do you have to wait before using a small estate affidavit?▾
Most states require a waiting period of 30 to 45 days after the date of death before you can use a small estate affidavit. California requires 40 days; Texas requires 180 days in some cases. A few states — like Colorado — allow immediate use. Check your state's specific rules, as some states also require that no probate proceeding has been or will be opened.
Which assets can be transferred using a small estate affidavit?▾
Small estate affidavits typically work for personal property — bank accounts, brokerage accounts, vehicles, and personal effects. They generally do not transfer real estate (land and buildings), which requires either probate, a recorded deed, or a transfer-on-death deed that was executed before death. Some states allow real estate transfers through a simplified affidavit procedure if the estate is very small and the heir is a surviving spouse.
What is the difference between a small estate affidavit and simplified administration?▾
A small estate affidavit requires no court involvement at all — it is a self-help document the heir prepares and uses directly with financial institutions. Simplified administration (or summary administration) is a streamlined court procedure with reduced requirements compared to full probate. It still involves filing with the court, but skips many steps, has a faster timeline, and has lower filing fees. States may offer one or both procedures. California, for example, offers both a 40-day affidavit procedure and a simplified court procedure for small estates.
What happens if you use a small estate affidavit incorrectly?▾
Using a small estate affidavit when the estate exceeds the threshold, when creditors have claims, or when other heirs are not disclosed can expose the affiant to personal liability and potential fraud charges. If an incorrect affidavit causes a creditor or other heir to lose their rights, the person who filed the affidavit may be required to repay what was improperly collected. Always verify the estate qualifies and consult a probate attorney if there are any creditors, disputes among heirs, or real estate in the estate.
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