Small Estate Affidavit Limits by State (2026): All 50 States, Verified

A parent dies and leaves a checking account, an old car and not much else. Nobody wants a court case over that. Every state has a shortcut for exactly this, and the usual version is a small estate affidavit: a sworn form an heir signs and hands to the bank, brokerage or DMV to collect the property directly. The trouble is that each state picks its own dollar limit, waiting period and list of assets that count. Since 2025 a lot of those numbers have moved.

This page gives you the small estate affidavit limits by state for all 50 states and the District of Columbia, checked in October 2026 against official sources or, where noted, secondary sources. Try the checker below for a fast answer. Then find your state in the table and read the row.

Last updated: October 6, 2026. Each row links to the law behind it.

Small Estate Affidavit Limits by State: The 2026 Table

How to read it: Limit is the most property that can pass through the shortcut. Real estate tells you whether a house or land can be included. Wait is how long you must let the death age before the affidavit works. Court step shows whether you can skip the courthouse entirely or must file something first.

Limits apply to property that would otherwise go through probate. Anything that passes by beneficiary designation, joint ownership or a trust is generally left out of the count (see “What counts toward the limit and what stays out” below). A handful of limits don’t stand still. Alabama, California, Colorado, Maine and Michigan adjust theirs for inflation. For those, the table gives the 2026 figure whenever the state or its courts print one. Maine leaves the current number to each county probate court.

Key Findings From the 2026 Data

The 51 jurisdictions don’t agree on much. One state lets a family skip court. The next one over may send the same estate through full probate.

• The typical limit is $75,000. That is the middle value of this table: half of the 49 jurisdictions with a dollar cap allow less and half allow more. Maine’s $40,000 base puts it with twenty-two other states at $50,000 or less, twenty-three in all. At the other end, eighteen reach $100,000 or more. The rest fall in between.
• Wyoming is the outlier on top. Before July 1, 2025 it sat at $200,000; since then it’s $400,000. Wyoming also has a summary distribution route that can reach real property.
• Rhode Island is the tightest. Its affidavit covers only $15,000, though tangible personal property is not counted toward that figure.
• Two states have no dollar test. Georgia lets heirs ask the probate court to declare that no administration is necessary, but only if there was no will, every heir agrees and the debts are handled. New Hampshire has a waiver of administration with no dollar limit. Only the estates its statute lists can use it.
• Real estate is usually excluded. In 30 jurisdictions the shortcut cannot transfer a house or land at all. Eleven include real estate within the dollar limit, seven (including Arizona, California and Michigan) use a separate real-property procedure, and Texas allows only the homestead.
• Most families never see a judge. In 28 jurisdictions the affidavit goes straight to the bank or other holder. Eleven require a filing with a court office, eleven are short court petitions, and Texas requires a judge to approve the affidavit.
• Thirty days is the usual wait. Colorado and Oklahoma are fastest at 10 days; Virginia is slowest at 60. California, Iowa, Nevada and Washington ask for 40 days. Arkansas, Indiana and Tennessee ask for 45.

The Limits That Moved in 2025 and 2026

Thirteen jurisdictions changed a small estate number in the last two years. Most raised the limit, and a few also changed which assets count. Found a chart online with an old figure? This is why.

Two practical points follow. First, some of these increases apply by date of death: Illinois and California both tie the new figure to deaths on or after the effective date. When a death falls near a change in any state, ask the court clerk which figure applies. Second, the California figure is fixed until March 31, 2028. A few websites show a higher 2026 figure for California. The Judicial Council’s own adjustment table and Form DE-300 say otherwise. Look at either one and you get $208,850, which applies to deaths from April 1, 2025 to March 31, 2028.

What Counts Toward the Limit and What Stays Out

The number in the table is measured against the probate estate: property titled in the person’s name alone with no built-in way to pass at death. A lot of what people own never enters that pool.

These usually stay out of the count:

• Accounts where the bank or brokerage already has a payable-on-death or transfer-on-death beneficiary on file
• Life insurance and retirement money (401(k) plans, IRAs) with a living beneficiary named
• Joint checking accounts and houses held as joint tenants, if the survivor takes by right of survivorship
• Anything already titled in a living trust
• Real estate passing by a transfer on death deed in states that allow them

Usually counted: accounts in the person’s sole name with no beneficiary, a car titled only to them (though Alaska, Hawaii, Illinois, Massachusetts and Nevada treat vehicles separately), final paychecks and refunds, household goods, and in the states that include it, real estate in their sole name.

How value is measured also varies. Many states use value less liens and encumbrances, so a car worth $20,000 with a $15,000 loan counts as $5,000. Others, including Louisiana and New York, look at gross value. Texas measures the estate without the homestead and exempt property that can be set aside for a surviving spouse or minor children, so a family in that position can still qualify with a paid-off house. The table’s Limit column quotes each state’s own wording so you can see which test applies.

Affidavit, Filing or Petition: The Four Kinds of Shortcut

“Small estate affidavit” is the common name, but the table’s Court step column shows four different mechanisms hiding under it. Knowing which one your state uses tells you how much work is ahead.

1. Affidavit only (28 jurisdictions)

You complete the state’s form, sign it once the waiting period has passed (check your form for notary or witness rules), attach a certified death certificate, and present it to whoever holds the property. The bank or transfer agent pays out on the strength of your sworn statement. Colorado, Minnesota, Virginia and Washington work this way. Nothing is filed with a court.

2. File first, then use (11 jurisdictions)

The affidavit or statement must be filed with a court office before it works. New York’s voluntary administration runs through the Surrogate’s Court, Missouri files with the probate division, and North Carolina files with the clerk of superior court. Filing fees are small (New York’s is $1; Massachusetts charges $115 for its voluntary administration statement), but you will get a certified copy that institutions accept more readily.

3. Short court petition (11 jurisdictions)

Some states call their shortcut a petition because a judge or registrar signs an order. Florida’s summary administration, Ohio’s release from administration, Pennsylvania’s small estate petition, Maryland’s small estate administration and Tennessee’s petition for limited letters all fit here. They are still far faster than full probate, often a single filing with no hearing, but plan on a few weeks for the order.

4. Judge approval (Texas)

Texas asks for the most. You file the affidavit with the court that would handle the estate. Two disinterested witnesses swear to the family facts, and then a judge has to approve it. Until that happens, it does nothing. The route is open only when the person died without a will.

Step by Step: Using a Small Estate Affidavit

State details differ. The order of steps almost never does.

1. Get certified death certificates. Order several; each bank and agency keeps one.
2. Inventory what the person owned. Note how each asset is titled. Sole name with no beneficiary goes in one pile; everything else goes in another. Only the first pile counts against the limit.
3. Put a value on the probate assets. Statements dated close to the date of death work best. If your state measures value less liens, take the loans off first.
4. Look up the limit and the real estate rule for the state where the person lived. The table above has both. House in the picture, but your state excludes real estate? The house needs another route.
5. Wait out the required period. Count from the date of death.
6. Fill in the state form. Many states publish one (Colorado JDF 999, Michigan PC 598, Connecticut PC-212). No official form? You still have to cover every statement the statute lists.
7. Sign it. Most state forms are sworn statements; check your form for notary or witness rules.
8. File it if your state requires filing. After that, hand a copy to each bank or agency.
9. Pay debts, then distribute. Whoever signs the affidavit usually has to get the property to the people entitled to it. If that does not happen, creditors and other heirs may come after the signer.

Want to see what a typical affidavit says? Our small estate affidavit template lists the statements most states require. A few states and title companies ask for the family tree as well, and the affidavit of heirship handles that.

When the Estate Is Over the Limit

Over the limit? That doesn’t automatically mean a long, costly probate. These are worth a look first:

• Recount. It’s common to add in accounts that pass by beneficiary designation. Subtract those and the probate estate can slip under the line.
• Look for a spouse limit. Did the person leave a spouse? Five states have a rule that can lift the ceiling: $100,000 in Maryland, $150,000 in Nevada, $50,000 in New Jersey, $30,000 in North Carolina and $100,000 in Ohio.
• Check for a separate real-property procedure. Arizona, California, Indiana, Michigan, Nebraska, South Dakota and Wyoming have one. A recorded transfer on death deed also works.
• Ask about summary or unsupervised probate. Many states offer a middle path between the affidavit and full administration.

If full probate is unavoidable, our probate cost estimator breaks down court fees and executor costs so you can budget.

Common Mistakes With Small Estate Affidavits

• Using the wrong state’s law. The rules of the state where the person lived control personal property. Real estate follows the state where the land sits.
• Using an old limit. With 13 changes in two years, a chart from 2024 is unreliable for many states.
• Signing too early. An affidavit signed before the waiting period ends is defective, and banks will reject it.
• Leaving out an heir. Most affidavits require you to swear that you are entitled to the property or acting for everyone who is. Other heirs can come after you later.
• Ignoring debts. The shortcut skips the court process, not the creditors. Unpaid debts can follow the property into the hands of whoever received it.
• Trying to move real estate in a state that excludes it. A deed signed on the strength of a personal-property affidavit will not give clear title.

How We Verified This Data

We checked every row in October 2026 against official sources or, where noted, secondary sources. That means the state’s statute on the legislature’s own website, the court system’s official form or self-help page, or, for the newest changes, the enacted bill. Click the Law column to see the exact source for any row. Where an official site would not load reliably, the row links the statute’s text on a legal-code mirror and names the citation so you can pull the primary source.

We did not copy other “by state” charts. Charts that rank well on Google often lag. Several still show pre-2025 figures for Virginia, Arizona, the District of Columbia and Illinois, and at least one prints a 2026 California limit the California courts don’t use. If a legislature changes a limit, the row and the date above the table change with it. This page is maintained as a standing reference.

Cite or Download This Data

Estate planners, journalists and court self-help staff are welcome to use this table with a link back to this page.

Frequently Asked Questions

What is the small estate affidavit limit in my state?

Rhode Island sits at the bottom with $15,000 and Wyoming at the top with $400,000. Line up the 49 jurisdictions that use a dollar cap and the one in the middle is $75,000. Georgia and New Hampshire are the exceptions, since neither uses a dollar test. Your own state is in the table above. Every row has a link to the statute behind it. The indexed states show their 2026 figure when one is published.

Can I use a small estate affidavit to transfer a house?

Usually not. In 30 jurisdictions the affidavit covers personal property only. Eleven states, including Arkansas, Missouri and Oregon, count real estate within the limit, and seven states use a separate procedure for real property. Texas allows only the homestead to pass this way. If the affidavit can’t carry the house, look at a transfer on death deed, joint ownership or a separate real-property procedure.

How long must I wait after a death before using a small estate affidavit?

The norm is 30 days. Colorado and Oklahoma let you go after 10 days, and Michigan after 28. California, Iowa, Nevada and Washington make you wait 40, Arkansas, Indiana and Tennessee 45, Virginia 60. Some procedures, like Florida’s summary administration or Maryland’s small estate administration, set no fixed wait but still take several weeks because a court or registrar has to act.

Do life insurance and retirement accounts count toward the limit?

Usually not, if a living beneficiary is named. Those assets pass straight to that person by contract, so they stay out of the probate estate. Payable-on-death bank accounts, jointly owned property with survivorship rights and anything in a living trust follow the same logic. Watch for two traps. The estate may be the named beneficiary, or the person named may have died already. In either case the asset can fall back into the probate estate and count toward the limit.

Does a small estate affidavit need to be notarized?

Most state forms are sworn statements; check your form for notary or witness rules. Texas adds two disinterested witnesses. States that want a court filing may set their own signature rules too. A bank or transfer agent can turn away an affidavit that is not signed and sworn the way your state’s form asks.

Which states raised their small estate limits recently?

By our count, thirteen made a change in 2025 or 2026: the District of Columbia, California, North Dakota, Maine, Virginia, Wyoming, Arizona, Illinois, Nevada, Delaware, Florida, Iowa and Louisiana. Dates matter here. A few of the increases cover only deaths on or after the effective date, so find out when the person died.

ClearLegalTips

ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.