Skip to content
PayByTown

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

StateAffidavit capWait after deathReal estateCourt filing
AlabamaNo affidavit———
Alaska$50,00030 daysNot coveredNo
Arizona$200,00030 daysSeparate procedure (up to $300,000)No
Arkansas$100,00045 daysCan be included (see the rule)Yes
California$208,85040 daysSeparate procedure (up to $69,625)No
Colorado$88,00010 daysNot coveredNo
Connecticut$40,000NoneNot coveredYes
Delaware$50,00030 daysNot coveredYes
District of Columbia$40,00060 daysNot coveredNo
Florida$2,0006 monthsNot coveredNo
Georgia$15,000NoneNot coveredNo
Hawaii$100,000NoneNot coveredNo
Idaho$100,00030 daysNot coveredNo
Illinois$150,000NoneNot coveredNo
Indiana$100,00045 daysSeparate procedure (up to $100,000)No
Iowa$100,00040 daysNot coveredNo
Kansas$75,000NoneNot coveredNo
KentuckyNo affidavit———
Louisiana$200,000NoneCan be included (see the rule)No
Maine$52,50030 daysNot coveredNo
MarylandNo affidavit———
Massachusetts$25,00030 daysNot coveredYes
Michigan$53,00028 daysNot coveredNo
Minnesota$75,00030 daysNot coveredNo
Mississippi$75,00030 daysNot coveredNo
Missouri$40,00030 daysCan be included (see the rule)Yes
Montana$100,00030 daysNot coveredNo
Nebraska$100,00030 daysSeparate procedure (up to $100,000)No
Nevada$25,000 ($150,000 if the spouse claims)40 daysNot coveredNo
New HampshireNo affidavit———
New Jersey$20,000 ($50,000 if the spouse claims)NoneCan be included (see the rule)Yes
New Mexico$50,00030 daysSeparate procedure (up to $500,000)No
New York$50,000NoneNot coveredYes
North Carolina$20,000 ($30,000 if the spouse claims)30 daysNot coveredYes
North Dakota$100,00030 daysNot coveredNo
OhioNo affidavit———
Oklahoma$50,00010 daysNot coveredNo
Oregon$75,00030 daysCan be included (see the rule)Yes
Pennsylvania$20,000NoneNot coveredNo
Rhode Island$15,00030 daysNot coveredYes
South Carolina$45,00030 daysNot coveredYes
South Dakota$100,00030 daysSeparate procedure (up to $50,000)No
TennesseeNo affidavit———
Texas$75,00030 daysCan be included (see the rule)Yes
Utah$100,00030 daysNot coveredNo
VermontNo affidavit———
Virginia$75,00060 daysSeparate procedureNo
Washington$100,00040 daysNot coveredNo
West Virginia$50,00060 daysNot coveredYes
Wisconsin$50,000NoneCan be included (see the rule)No
Wyoming$400,00030 daysSeparate 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

  1. 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.
  2. Compare that total with your state's cap for the date of death, and wait out the state's waiting period.
  3. 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.
  4. Give it to whoever holds the property: the bank, the employer, the DMV. A few states require filing it with the court first.
  5. 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.