Small Estate Affidavit by State: Limits, Wait Times and Rules

A small estate affidavit is a sworn statement that lets the people entitled to a deceased person's property collect it, usually from a bank or other holder, without opening a full probate case. It works only when the estate is under the state's dollar limit and every other condition in that state's law is met, and the limits, waiting periods and procedures differ widely from state to state.

Among the affidavits that are not filed with a court, the limits in our state guides run from $25,000 in Nevada (when the person signing is not the surviving spouse) to $400,000 in Wyoming. Some states have no true affidavit and use a short court procedure instead, and a few allow only narrow payouts, such as Florida's $2,000 bank-account affidavit. The table below gives each state's figure, its waiting period, whether anything is filed with a court and whether real estate can pass, with a link to the full state guide.

Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This hub compares small estate affidavits and similar no-administration procedures in the 50 states and the District of Columbia, drawn from our audited state guides, plus the federal rules for savings bonds, federal tax refunds, unpaid federal pay, VA accrued benefits and Medicaid estate recovery. It does not cover full probate administration, who inherits without a will, estate or inheritance tax, or trusts. Our North Carolina and Ohio guides are in progress; those rows link to each state's probate guide for now.

Small estate affidavit limits by state

Each figure below is the one stated in that state's guide on its verification date. Where a limit depends on the date of death or is adjusted for inflation, the cell names the period it applies to. Where a limit was raised recently, the new law may not say whether it covers earlier deaths; check the state guide before signing. "Filed with a court?" asks whether a court or court clerk must accept the paperwork before holders act on it; where a county office that is not a court issues or records it, the cell says so. Open your state's guide for the conditions, the official form and the exceptions.

How a small estate affidavit generally works

The broad pattern is similar across states, but the details decide whether the affidavit works for you. Your state's guide has the exact rules.

Who can sign

The signer is usually a successor: a person entitled to the property under the will or under the state's inheritance law. Several states say outright that a creditor does not count, including Iowa, Utah, Washington, Massachusetts and the District of Columbia.

Some states set an order of priority. Mississippi lists the spouse, then any child, then any grandchild, then either parent or any sibling. Delaware gives preference to the named executor, then the spouse and other family members in a set order, and last a licensed Delaware funeral director.

In the District of Columbia and Virginia, every known successor signs, and the group names a designated successor who collects the asset and owes the others a fiduciary duty to pass it on.

What banks and other holders ask for

A copy of the death certificate is the usual attachment; California, Iowa, Nebraska and Nevada call for a certified copy. Many states have the affidavit signed before a notary, and several publish a statewide form, such as Colorado's JDF 999, Michigan's PC 598, Minnesota's PRO202, Maine's AF-102, Alaska's P-110 and Virginia's CC-1685.

Other states publish no statewide form, including Arizona, Idaho, Iowa, New Mexico and Washington, so you may need a county form or one that follows the statute's required contents. Your state's guide links the official form where one exists.

The sworn statement and your liability

You sign under oath, and in many states under penalty of perjury. A false affidavit can be a felony: Alaska treats perjury as a class B felony, Iowa makes knowingly false statements under oath a class D felony, Virginia makes willful false swearing on a material matter a Class 5 felony, and Nevada's official form warns that a false affidavit is a felony. Florida treats a knowingly false bank-account affidavit as theft.

Collecting also brings duties. In states including Arizona, Idaho, Maine, Michigan and Utah, whoever receives property stays answerable to a later personal representative or anyone with a better right to it. California makes the collector personally liable for the decedent's unsecured debts up to the value received, and Illinois requires the affiant to pay valid claims in the statutory order before giving anything to heirs.

Vehicles usually go through the motor vehicle agency

Many states move a car through the motor vehicle agency on its own form. Colorado's DMV will not accept the court affidavit and requires its form DR 2712; Idaho uses ITD 3413, Texas VTR-262, Alabama MVT 5-6, and Georgia's County Tag Office takes Form T-20. Utah's DMV handles up to four boats, vehicles or trailers on Survivorship Affidavit TC-569C.

Some states also leave vehicles out of the dollar limit. Illinois excludes vehicles registered with the Secretary of State, Nevada excludes vehicles registered to the decedent, Hawaii's registered vehicles sit outside its cap, and Alaska gives vehicles a separate $100,000 cap. In Maryland, a surviving spouse who is the only heir or legatee can transfer up to two vehicles through the MVA with no estate at all, when they were the person's only property.

Real estate usually needs a separate route

Most general affidavits reach personal property only. California, Colorado, Illinois, Minnesota, Utah and Virginia, among others, do not let the affidavit transfer a house, and in Alabama, Iowa, Massachusetts, Michigan and West Virginia owning real estate rules the affidavit out entirely.

A few states do provide a path. Arizona has a court-filed affidavit for real property worth no more than $300,000, available six months after the death. Nebraska has an affidavit for real property up to $100,000, filed with the county register of deeds, and South Dakota has one for real property up to $50,000 after a 60-day wait. Wisconsin's Transfer by Affidavit can be recorded against real estate after 30 days' notice to the heirs, Missouri's affidavit and clerk's certificate are recorded with the recorder of deeds, and Texas allows only a homestead that is the estate's only real property, and only when the decedent left a surviving spouse or minor child. Arkansas's clerk-filed affidavit can list real property after published notice and a three-month claims period, Oregon's court-filed affidavit covers real property up to $200,000, and Louisiana's affidavit can transfer immovable property if recorded in the parish conveyance records (not when a Louisiana domiciliary left a will).

Other states send real estate to a court shortcut, such as California's petition for a primary residence under Probate Code 13151 or Michigan's Petition and Order for Assignment. For how deeds and county land records work, see our property records guides.

Common differences between states

Hand it to the holder, or file it first

In 30 of the 49 jurisdictions our guides cover, the affidavit or payment request goes straight to the bank or other holder (counting Florida's and Georgia's bank affidavits and Pennsylvania's direct payments). In Delaware, West Virginia and Wyoming a county office, not a court, issues or records it first. Elsewhere a court or clerk is part of the process: the Arkansas probate clerk certifies copies, Missouri's probate division takes the affidavit with a bond and issues a certificate, Oregon's affidavit is filed with the probate clerk for a $124 fee, a South Carolina probate judge must countersign, and a Texas judge must approve it.

Several states use a short court appointment in place of a true affidavit. Massachusetts and Rhode Island call it voluntary administration, New York runs voluntary administration through the Surrogate's Court for a $1 statutory filing fee, Connecticut uses an affidavit in lieu of probate filed with the Probate Court, and Vermont runs its procedure through the Probate Division. West Virginia and Wyoming sit in between: the affidavit is filed with a county clerk's office, not a court.

What counts toward the limit

Most statutes measure the estate after subtracting liens and encumbrances. California, Hawaii, Louisiana, Oregon and Wisconsin use gross value instead, so a mortgage or car loan does not lower the figure, and Iowa and New York test the gross value of personal property.

Exclusions vary. California leaves out joint tenancy property, trust property, payable-on-death accounts and registered vehicles; Arkansas leaves out the homestead and certain family allowances; Texas excludes the homestead and exempt property; Washington leaves out a surviving spouse's or domestic partner's community property interest; and Connecticut does not count property that passes by survivorship. New Mexico and Wyoming count real property toward the limit even though their affidavits cannot transfer it.

Limits tied to the date of death or adjusted for inflation

Several limits depend on when the person died. California's figure is $208,850 for deaths on or after April 1, 2025, with a next adjustment scheduled for April 1, 2028. Colorado sets a figure for each year of death ($88,000 for 2026), and Maine ($52,500) and Michigan ($53,000) publish 2026 figures adjusted for inflation. Illinois applies $150,000 only to deaths on or after August 15, 2025, and Indiana applies $100,000 to deaths after June 30, 2022, with lower figures for earlier deaths.

Other figures are fixed in the statute, as in Utah, Rhode Island and Vermont. Many states raised their limits recently: Arizona, Illinois, North Dakota, South Carolina, Virginia and Wyoming in 2025, and Delaware, Florida, Iowa and Louisiana in 2026. Some official pages still print older figures, including the Maryland Orphans' Court FAQ, Virginia's DMV page and the Iowa Code PDF the legislature posts, so check the date on any form you rely on.

Spousal routes

A surviving spouse often has a larger or faster route. Nevada raises its limit from $25,000 to $150,000 when the surviving spouse signs, Maryland's small estate limit rises to $100,000 when the spouse is the only heir or legatee, and New Jersey's surviving spouse or partner affidavit covers estates up to $50,000. New York lets a spouse collect up to $30,000 of bank deposits, wages and similar debts by affidavit under SCPA 1310.

Final wages have their own spousal rules in several states. California allows a surviving spouse to collect up to $20,875 in final wages at any time after the death, Arizona up to $5,000, and Minnesota up to $10,000 when no personal representative has been appointed.

Separate wage, bank and unclaimed-property rules

Some states let specific holders pay without any general affidavit. New Hampshire employers may pay up to $3,000 of final wages, West Virginia employers up to $800, and Oregon makes wages up to $10,000 payable to the surviving spouse or dependent children. Oregon banks can pay deposits of $25,000 or less on a separate affidavit, Oklahoma banks can release up to $50,000 of sole-name deposits to known heirs when there is no will, and Georgia banks can pay up to $15,000 on an affidavit when there is no will.

Pennsylvania builds its whole no-court route this way, with a separate cap for each payer, such as $10,000 of wages and $20,000 in deposit accounts at one institution. Unclaimed money held by the state often has its own rule too: Montana may pay unclaimed property of $5,000 or less to a successor, and New Jersey's Unclaimed Property Administration accepts a Next of Kin Letter only when the estate is $10,000 or less. See our unclaimed property guides for the search and claim process.

Notice to Medicaid and other state agencies

Several states build notice to the state into the procedure. Alabama's judge cannot sign the order until 30 days after the Alabama Medicaid Agency receives notice, Massachusetts requires the statement and death certificate to go to MassHealth by certified mail, and Washington requires a copy of the affidavit to go to the DSHS Office of Financial Recovery.

In Wisconsin, if the decedent or the decedent's spouse ever received medical assistance or long-term care benefits, the Department of Health Services must be notified by certified mail first. South Dakota's affidavit is not available if the decedent owed the Department of Social Services for nursing home or other institutional care, and Iowa's affidavit includes a promise that any Medicaid debt will be paid from what is received. The federal rule behind these requirements is covered below.

Federal assets and the model law

The Uniform Probate Code model

The Uniform Law Commission's Uniform Probate Code section 3-1201 is the model for collecting personal property by affidavit. Its 2006 official text allows the affidavit when 30 days have passed since the death, no application or petition for a personal representative is pending or has been granted in any jurisdiction, and the value of the entire estate, less liens and encumbrances, does not exceed $5,000. States set their own figures, and as the table shows, those figures now vary widely.

Several state statutes carry the model's section number, such as Hawaii's HRS 560:3-1201, Idaho Code 15-3-1201, Maine's 18-C M.R.S. § 3-1201, South Carolina's 62-3-1201 and Utah Code 75-3-1201. The model also has a summary administration procedure in section 3-1203, with no dollar figure, for estates that do not exceed the family protections and listed expenses.

Savings bonds and other Treasury securities

TreasuryDirect says that if an estate's Treasury securities, including savings bonds, total more than $100,000 in redemption value as of the date of death, a court must administer the estate. When they total $100,000 or less and the estate has not been and will not be court-administered or settled under a state small estate law, TreasuryDirect describes a separate non-administered route (FS Form 5336). If the estate was settled under a state small estate provision, TreasuryDirect says to follow the instructions in the small estate affidavit or similar document.

Federal tax refunds

IRS Form 1310 is the Statement of Person Claiming Refund Due a Deceased Taxpayer. The form is not needed by a surviving spouse filing an original or amended joint return, or by a court-appointed personal representative filing an original return with the court certificate attached.

If a personal representative has been or will be appointed, that person must file for the refund. If not, Form 1310 asks whether the claimant will pay the refund out under the law of the state where the decedent lived, and if the answer is no, the refund cannot be made until the claimant submits a court certificate or other evidence of entitlement under state law.

Unpaid federal pay

Unpaid compensation of a deceased federal civilian employee is claimed on Standard Form 1153, sent to the federal agency that employed the person at the time of death. The form refers to SF 1152, the designation of beneficiary form. The form says other government checks drawn to the person who died, such as veterans' benefits, Social Security benefits or federal tax refunds, should be returned to the agency that sent them.

VA accrued benefits

VA Form 21P-601 is the form the Department of Veterans Affairs says to use, in some cases, to apply for unpaid benefits VA owed a beneficiary when they died. Your state's small estate affidavit does not replace that VA claim.

Medicaid estate recovery

Federal law, 42 U.S.C. 1396p(b)(1)(B), requires each state to seek recovery from the estate of a person who was 55 or older when they received certain Medicaid assistance, such as nursing facility care. The estate must include everything in the probate estate under state law, and a state may choose to reach other assets, such as property passing by joint tenancy, survivorship, a life estate or a living trust.

Recovery may be made only after the death of any surviving spouse, and only when there is no surviving child under 21 or a child who is blind or permanently and totally disabled (42 U.S.C. 1396p(b)(2)). Because a small estate affidavit moves probate property without a court case, many states require notice to the state Medicaid agency before or during the process, as described above.

When full probate is the better route

A small estate affidavit is a shortcut, and it does not fit every estate. Consider asking the probate court about full or summary administration when:

• The estate is over your state's limit, or its value is unclear.
• There is real estate and your state has no affidavit route for it.
• Heirs disagree about who is entitled to what, or someone may contest a will.
• Debts may exceed the assets, or creditors are pressing claims.
• There is a will that has to be probated first; Virginia, for example, requires a will to be probated before its affidavit is used, and Texas limits its affidavit to estates with no will.

Our probate guides explain how probate works and link each state's probate process.

Related

• How probate works, by state
• Unclaimed property by state
• Power of attorney laws
• Property records and deeds

Disclaimer: This page provides general legal information about small estate affidavits and similar procedures under the laws of the 50 states and the District of Columbia, and related federal rules, as verified on October 7, 2026. It is not legal advice. For your situation, contact the probate court clerk or self-help center in the county where the person lived, a legal aid office, or a lawyer licensed in that state.

Last updated: October 7, 2026.

Frequently Asked Questions

What is a small estate affidavit?

It is a sworn statement that lets the people entitled to a deceased person's property collect it from a bank or other holder without a full probate case, when the estate is under the state's limit and the state's other conditions are met. Some states use a short court procedure in place of a true affidavit.

How much can you inherit without probate?

It depends on the state and on what the estate holds. Among affidavits not filed with a court, the limits in our state guides run from $25,000 in Nevada (when the signer is not the surviving spouse) to $400,000 in Wyoming, and states differ on whether vehicles, a homestead or jointly owned property count toward the limit.

Can a small estate affidavit transfer a house?

Usually not. Most affidavits reach personal property only, but Arizona, Nebraska and South Dakota have a separate real estate affidavit, the court-filed procedures in Arkansas and Oregon can include real property, Missouri, Wisconsin and Louisiana let the affidavit be recorded in the land records in some cases, and Texas allows only a lone homestead when there is a surviving spouse or minor child.

How long after death can you use a small estate affidavit?

It depends on the state: there is no waiting period in states such as Hawaii, Illinois and Kansas, 30 days in many states, and 40, 45 or 60 days in others. A bank cannot pay under Florida's bank-account affidavit until 6 months after the death.

Do I need a lawyer for a small estate affidavit?

Not always. Many states publish an official form with instructions, but the signer swears under oath and can be answerable for what they collect, so a lawyer licensed in the state, a legal aid office or the court's self-help center can help when heirs disagree, real estate is involved or the debts are unclear.

Can I use a small estate affidavit for a car?

Often a car moves through the state motor vehicle agency on its own form rather than the general affidavit. Colorado's DMV, for example, requires its form DR 2712 and does not accept the court affidavit, and Illinois and Nevada leave registered vehicles out of the dollar limit.