Legal Guides & Resources

Michigan small estates in 2026: $53,000 limit, PC 598 affidavit after 28 days with no real estate, or a court assignment that can include a mortgaged home.

Ohio uses a release from administration, not an affidavit: $35,000 or $100,000 for a spouse, real estate included, plus the $65,000 car and $40,000 rules.

Pennsylvania doesn’t use one small estate affidavit. Banks pay up to $20,000 to family, and estates up to $50,000 settle by Orphans’ Court petition.

New York small estates use voluntary administration: a $50,000 personal property limit after the family set-off, a $1 filing fee, who can serve and duties.

Illinois small estate affidavit: $150,000 limit for deaths from Aug. 15, 2025, registered vehicles excluded, no statutory wait, and the debt rules.

Florida has no general small estate affidavit. Summary administration now covers $150,000 (July 2026), plus $20,000, $2,000 and $5,000 shortcuts.

California small estate affidavit: $208,850 limit through March 2028, 40-day wait, no court filing, what’s excluded, and the new $750,000 home petition.

Texas small estate affidavit rules for 2026: $75,000 limit (homestead excluded), no will, 30-day wait, 2 witnesses, judge approval and a $360 Dallas fee.

Small estate affidavit limits for all 50 states + DC: $15,000 to $400,000, waiting periods, real estate rules and the 13 that changed in 2025-26.