Small estate affidavit: limits and rules by state (2026)
When an estate is small enough, heirs can often collect property with a sworn form or a short court process instead of full probate. Here is how it works, and the limits in 10 large states.
Key facts
- A small estate affidavit lets heirs collect property without opening a full probate case.
- Each state sets its own limit, and some use a short court procedure instead of an affidavit.
- Among the states below, dollar limits run from $20,000 in North Carolina to $208,850 in California; Georgia’s procedure has no dollar limit.
- Many states require a wait after the death, such as 30 days in Texas and 40 in California.
- Real estate is often excluded or handled by a separate procedure.
What a small estate affidavit is
A small estate affidavit is a sworn statement, signed by an heir or beneficiary, saying that the estate is under the state’s limit and that the signer is entitled to the property. Banks, brokers and others holding the deceased person’s property can then release it without letters from a probate court.
Not every state uses an affidavit. Florida, New York, Pennsylvania and Ohio, for example, use a simplified court procedure for small estates. It is still much faster and cheaper than full probate.
Limits in 10 states
| State | Procedure | Limit | Wait after death | Good to know |
|---|---|---|---|---|
| California | Small estate affidavit | $208,850 for deaths on or after April 1, 2025 | 40 days | Personal property only. Separate procedures for real estate, including a court petition for a primary residence worth up to $750,000 |
| Texas | Small estate affidavit, approved by a judge | $75,000, not counting the homestead and exempt property | 30 days | Only when there is no will |
| Florida | Summary administration, a short court process | $150,000, or any amount if the death was more than 2 years ago | Not specified | Limit raised from $75,000 on July 1, 2026 |
| New York | Voluntary administration in Surrogate’s Court | $50,000 of personal property | Not specified | Real estate is excluded |
| Pennsylvania | Petition to settle a small estate in Orphans’ Court | $50,000 | Not specified | Real estate is excluded |
| Illinois | Small estate affidavit | $150,000 of personal property | Not specified | Limit raised from $100,000 in August 2025. Registered vehicles are not counted; from 2027, motor homes and commercial vehicles will be |
| Ohio | Release from administration, a court procedure | $35,000, or $100,000 if the surviving spouse inherits everything | Not specified | A faster summary release applies when the estate is worth no more than the funeral bill, up to $5,000 |
| Georgia | Court order that no administration is necessary | No dollar limit | Not specified | Only with no will, all heirs in agreement and no unpaid debts, or creditors who consent |
| North Carolina | Collection by affidavit | $20,000, or $30,000 if the surviving spouse is the only heir | 30 days | Personal property only |
| Michigan | Small estate affidavit | $53,000 for 2026 deaths, adjusted yearly | 28 days | No real estate; cannot be used if a probate application is pending |
Limits change, and several states raised theirs in 2025 and 2026. Confirm the current limit and form with your county probate court before you sign anything.
What counts toward the limit
Only property that would otherwise go through probate usually counts. In most states, that leaves out:
- property held in a living trust;
- property owned jointly with right of survivorship;
- accounts and policies with a named beneficiary, such as life insurance, 401(k)s and IRAs, or payable-on-death bank accounts;
- in some states, vehicles, a homestead or exempt family property.
States also differ on whether debts are subtracted. California counts the gross value without deducting debts, while Michigan and North Carolina measure the estate net of liens. Read assets that pass outside probate for the full list.
How to use one, step by step
- Add up the probate assets. List what the person owned in their own name, with no co-owner or beneficiary, and their value at the date of death.
- Check your state’s rules. Confirm the limit, the waiting period and whether real estate is allowed. Some states allow the affidavit only when there is no will, or only for certain heirs.
- Wait the required period. For example, 30 days in Texas and North Carolina, 28 in Michigan and 40 in California.
- Get the right form. Most state court websites and county probate courts publish one. Banks sometimes have their own.
- Sign before a notary and attach a certified copy of the death certificate.
- Present it to each bank, broker or agency holding property, or file it with the court where your state requires that.
- Distribute the property to everyone entitled to it, and keep records. In many states, people who collect property this way can be liable for the deceased person’s valid debts, up to the value they received.
Planning your own estate? Naming beneficiaries and using a living trust can spare your family even this step. The 2-minute quiz shows what fits.
When you cannot use one
- The probate assets are worth more than your state’s limit.
- The property is real estate and your state’s affidavit covers only personal property.
- Someone has already applied to open a probate case.
- Heirs disagree about who is entitled to what.
- In Texas, the person left a will.
In those cases, the estate generally needs a regular or simplified probate process.
Keep your own estate out of court
Six questions show whether a will, beneficiary designations or a living trust fit your family.
Take the quizFAQ
Does a small estate affidavit need to be filed with the court?
It depends on the state. In many states you hand the affidavit directly to the bank or institution holding the property. In others, such as Texas, a judge must approve it, and some states use a short court procedure instead.
Can I use a small estate affidavit to transfer a house?
Often not. Many states limit the affidavit to personal property such as bank accounts and vehicles. Some, like California, have separate simplified procedures for real estate.
What if the bank refuses the affidavit?
Ask exactly what it needs; many institutions have their own forms or require a certified death certificate. If it still refuses, you may need a court order or a probate case. A local probate attorney can advise.
Does a will have to go through probate if the estate is small?
Not necessarily. In many states the small estate procedure works whether or not there is a will, though some states still require the will to be filed with the court. Texas allows its small estate affidavit only when there is no will.
Sources
- Judicial Council of California: Adjusted probate amounts (2025) and transferring property without probate
- Texas Estates Code, chapter 205
- Florida Statutes §735.201 (2026) and 2026 bill summary
- New York SCPA §1301
- Pennsylvania 20 Pa.C.S. §3102
- Illinois 755 ILCS 5/25-1 and Public Act 104-0346
- Ohio Revised Code §2113.03
- Georgia probate court form: Order declaring no administration necessary
- North Carolina G.S. §28A-25-1
- Michigan MCL §700.3983 and 2026 adjusted amounts
OakTrust.com provides general information, not legal advice. Small estate limits and procedures change and vary by state. Check with your county probate court or an attorney licensed in your state before relying on them.