Small estate affidavits by state
When someone dies with only a modest amount in their own name, most states let the heirs collect it with a sworn form — a small-estate affidavit — instead of opening a probate case. The dollar cap, the waiting period and what the form can transfer are set by each state's law. 51 jurisdictions below, each checked against the statute and the courts' own pages. Last checked .
Can I skip probate?
Can I skip probate?Your state's cap for the date of death, the earliest date you can use the affidavit, and what to do about a house.Every state at a glance
| State | Affidavit cap | Wait after death | Real estate | Court filing |
|---|---|---|---|---|
| Alabama | No affidavit | — | — | — |
| Alaska | $50,000 | 30 days | Not covered | No |
| Arizona | $200,000 | 30 days | Separate procedure (up to $300,000) | No |
| Arkansas | $100,000 | 45 days | Can be included (see the rule) | Yes |
| California | $208,850 | 40 days | Separate procedure (up to $69,625) | No |
| Colorado | $88,000 | 10 days | Not covered | No |
| Connecticut | $40,000 | None | Not covered | Yes |
| Delaware | $50,000 | 30 days | Not covered | Yes |
| District of Columbia | $40,000 | 60 days | Not covered | No |
| Florida | $2,000 | 6 months | Not covered | No |
| Georgia | $15,000 | None | Not covered | No |
| Hawaii | $100,000 | None | Not covered | No |
| Idaho | $100,000 | 30 days | Not covered | No |
| Illinois | $150,000 | None | Not covered | No |
| Indiana | $100,000 | 45 days | Separate procedure (up to $100,000) | No |
| Iowa | $100,000 | 40 days | Not covered | No |
| Kansas | $75,000 | None | Not covered | No |
| Kentucky | No affidavit | — | — | — |
| Louisiana | $200,000 | None | Can be included (see the rule) | No |
| Maine | $52,500 | 30 days | Not covered | No |
| Maryland | No affidavit | — | — | — |
| Massachusetts | $25,000 | 30 days | Not covered | Yes |
| Michigan | $53,000 | 28 days | Not covered | No |
| Minnesota | $75,000 | 30 days | Not covered | No |
| Mississippi | $75,000 | 30 days | Not covered | No |
| Missouri | $40,000 | 30 days | Can be included (see the rule) | Yes |
| Montana | $100,000 | 30 days | Not covered | No |
| Nebraska | $100,000 | 30 days | Separate procedure (up to $100,000) | No |
| Nevada | $25,000 ($150,000 if the spouse claims) | 40 days | Not covered | No |
| New Hampshire | No affidavit | — | — | — |
| New Jersey | $20,000 ($50,000 if the spouse claims) | None | Can be included (see the rule) | Yes |
| New Mexico | $50,000 | 30 days | Separate procedure (up to $500,000) | No |
| New York | $50,000 | None | Not covered | Yes |
| North Carolina | $20,000 ($30,000 if the spouse claims) | 30 days | Not covered | Yes |
| North Dakota | $100,000 | 30 days | Not covered | No |
| Ohio | No affidavit | — | — | — |
| Oklahoma | $50,000 | 10 days | Not covered | No |
| Oregon | $75,000 | 30 days | Can be included (see the rule) | Yes |
| Pennsylvania | $20,000 | None | Not covered | No |
| Rhode Island | $15,000 | 30 days | Not covered | Yes |
| South Carolina | $45,000 | 30 days | Not covered | Yes |
| South Dakota | $100,000 | 30 days | Separate procedure (up to $50,000) | No |
| Tennessee | No affidavit | — | — | — |
| Texas | $75,000 | 30 days | Can be included (see the rule) | Yes |
| Utah | $100,000 | 30 days | Not covered | No |
| Vermont | No affidavit | — | — | — |
| Virginia | $75,000 | 60 days | Separate procedure | No |
| Washington | $100,000 | 40 days | Not covered | No |
| West Virginia | $50,000 | 60 days | Not covered | Yes |
| Wisconsin | $50,000 | None | Can be included (see the rule) | No |
| Wyoming | $400,000 | 30 days | Separate procedure (up to $400,000) | Yes |
Summary only. Caps usually count only property that would otherwise go through probate; payable-on-death accounts, joint property and trust assets are generally left out. Open your state for the exact rule, the date-of-death rule and the sources. Legal information, not legal advice; see our methodology.
How it works almost everywhere
- List what the person owned in their own name only. Accounts with a payable-on-death beneficiary, joint accounts, life insurance with a named beneficiary and trust assets usually pass outside probate and don't count.
- Compare that total with your state's cap for the date of death, and wait out the state's waiting period.
- Fill in the state's affidavit (some states have an official form), sign it under oath — usually in front of a notary — and attach a certified death certificate.
- Give it to whoever holds the property: the bank, the employer, the DMV. A few states require filing it with the court first.
- Pay valid debts and hand the property to the people entitled to it under the will or state law. Signing a false affidavit can make you personally liable.
Common mistakes
- The waiting period is not 40 days everywhere. It ranges from none to 60 days or more depending on the state; check yours.
- Florida's only no-court affidavit covers sole-name bank accounts up to $2,000, and the bank can't pay until 6 months after the death. Most small Florida estates go through a court procedure (summary administration).
- Some states have no small-estate affidavit at all: Alabama, Kentucky, Maryland, New Hampshire, Ohio, Tennessee and Vermont use a short court procedure instead.
- In states that raised their cap, the cap that applies is the one in force on the date of death, not the date you sign.
- A house usually can't be transferred with the same affidavit. Many states have a separate, smaller procedure for real estate, and some require probate for it.