Most states let you transfer a deceased person's assets without opening a probate case—provided the estate falls below a dollar threshold that varies widely by state. California adjusts its bar every three years by CPI under Cal. Prob. Code § 890 (confirm the current operative figure with the California Judicial Council or your county's probate court before filing); Texas caps it at $75,000; New York draws the line at $50,000; Florida's disposition-without-administration statute covers non-exempt personal property up to the value of preferred funeral expenses plus reasonable last-illness medical costs, while its summary administration procedure applies to estates under $75,000. Whether your state qualifies depends on both the threshold and what assets count toward it.
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What a small-estate affidavit actually does
A small-estate affidavit (also called a successor's affidavit, summary affidavit, or voluntary administration petition depending on the state) is a sworn declaration that lets an heir or beneficiary claim assets—bank accounts, vehicles, retirement proceeds, personal property—directly from the holder without a court order. The asset holder (a bank, an insurance company, a DMV) reviews the affidavit and releases the property.
The document does not replace a will or transfer real estate in most states. Probate courts do not supervise the process. No judge signs off. That simplicity is the point: for modest estates, a full probate proceeding costs thousands of dollars and months of calendar time, while an affidavit can be completed in days.
The 50-state threshold table (2026)
State law controls these figures. Several states—including California—adjust their thresholds every three years based on the Consumer Price Index. Confirm the current figure with your state's probate or surrogate court before filing.
| State | Threshold (2026) | Waiting period | Key statute | |---|---|---|---| | Alabama | $25,000 | 30 days | Ala. Code § 43-2-692 | | Alaska | $150,000 | 30 days | AS § 13.16.680 | | Arizona | $200,000 (personal); $300,000 (real property) | 30 days | ARS § 14-3971 | | Arkansas | $100,000 | 45 days | Ark. Code § 28-41-101 | | California | CPI-adjusted per Cal. Prob. Code § 890 — confirm current figure with your county probate court before filing | 40 days | Cal. Prob. Code § 13100 | | Colorado | $86,000 (CPI-adjusted; confirm current figure with Colorado courts) | 10 days | CRS § 15-12-1201 | | Connecticut | $40,000 | 30 days | CGS § 45a-273 | | Delaware | $30,000 | 30 days | 12 Del. C. § 2306 | | Florida | No fixed cap under § 735.301 (expense-based); summary administration under § 735.201 applies to estates ≤$75,000 | 30 days | Fla. Stat. § 735.301 / § 735.201 | | Georgia | $10,000 | 30 days | OCGA § 53-2-40 | | Hawaii | $100,000 | 30 days | HRS § 560:3-1201 | | Idaho | $100,000 | 30 days | Idaho Code § 15-3-1201 | | Illinois | $100,000 | 30 days | 755 ILCS 5/25-1 | | Indiana | $100,000 | 45 days | IC § 29-1-8-1 | | Iowa | $50,000 | 40 days | Iowa Code § 633.356 | | Kansas | $40,000 | 30 days | KSA § 59-1101 | | Kentucky | $30,000 | 30 days | KRS § 395.455 | | Louisiana | $125,000 | — | La. C.C.P. art. 3431 | | Maine | $40,000 | 30 days | 18-C MRS § 3-1201 | | Maryland | $50,000 ($100,000 for surviving spouse) | — | Md. Est. & Trusts § 5-601 | | Massachusetts | $25,000 | 30 days | MGL c. 190B, § 3-1201 | | Michigan | $25,000 | 28 days | MCL § 700.3982 | | Minnesota | $75,000 | 30 days | Minn. Stat. § 524.3-1201 | | Mississippi | $50,000 | 30 days | Miss. Code § 91-7-322 | | Missouri | $40,000 | 30 days | RSMo § 473.097 | | Montana | $50,000 | 30 days | MCA § 72-3-1101 | | Nebraska | $50,000 | 30 days | Neb. Rev. Stat. § 30-24,129 | | Nevada | $25,000 | 40 days | NRS § 146.080 | | New Hampshire | $10,000 | 30 days | RSA § 553:32 | | New Jersey | $50,000 ($20,000 for non-spouse) | — | NJSA § 3B:10-3 | | New Mexico | $50,000 | 30 days | NMSA § 45-3-1201 | | New York | $50,000 | 30 days | SCPA § 1301 (Art. 13) | | North Carolina | $20,000 ($30,000 for surviving spouse) | 30 days | NCGS § 28A-25-1 | | North Dakota | $50,000 | 30 days | NDCC § 30.1-23-01 | | Ohio | $35,000 ($100,000 for surviving spouse) | 60 days | ORC § 2113.03 | | Oklahoma | $50,000 | 10 days | 58 OS § 393 | | Oregon | $75,000 (personal); $200,000 (real property) | 30 days | ORS § 114.515 | | Pennsylvania | $50,000 | — | 20 Pa. C.S. § 3101 | | Rhode Island | $15,000 | 30 days | RIGL § 33-24-1 | | South Carolina | $25,000 | 30 days | SC Code § 62-3-1201 | | South Dakota | $50,000 | 30 days | SDCL § 29A-6-101 | | Tennessee | $50,000 | 45 days | TCA § 30-4-102 | | Texas | $75,000 | 30 days | Tex. Est. Code § 205.001 | | Utah | $100,000 | 30 days | Utah Code § 75-3-1201 | | Vermont | $45,000 | 30 days | 14 VSA § 1902 | | Virginia | $75,000 | 60 days | Va. Code § 64.2-601 | | Washington | $100,000 | 40 days | RCW § 11.62.010 | | West Virginia | $50,000 | 30 days | WVa Code § 44-1A-1 | | Wisconsin | $50,000 | 30 days | Wis. Stat. § 867.03 | | Wyoming | $400,000 | 30 days | Wyo. Stat. § 2-1-205 |
The four largest states up close
California carries the highest threshold, adjusted every three years under Cal. Prob. Code § 890 in line with the Consumer Price Index. Because the operative dollar figure changes on a three-year cycle, confirm the current threshold with the California Judicial Council's published adjustment notice or your county's probate court before filing — the base statutory figure of $166,250 written into the code is periodically replaced by the most recently published adjusted amount. The governing statute is Cal. Prob. Code § 13100, and the 40-day waiting period runs from the date of death. Real property transfers require a separate petition under § 13150; the affidavit covers everything else—bank accounts, brokerage accounts, vehicles, tangible personal property. One important wrinkle: each successor must sign their own affidavit. A single document signed only by the eldest child does not suffice if multiple heirs share the asset.
Texas sets its threshold at $75,000 under Tex. Est. Code § 205.001, with a 30-day waiting period after the date of death. An affidavit of heirship is a separate instrument used primarily for real property title transfers; the small-estate affidavit under § 205.001 covers other assets and requires court approval. Families in Texas dealing with a more complex estate sometimes use a muniment of title proceeding instead, which courts process faster for estates that have no unsecured debts.
New York caps the process at $50,000 under SCPA § 1301 (Article 13 of the Surrogate's Court Procedure Act). The state's surrogate's court administers "voluntary administration" proceedings rather than a pure affidavit system. A voluntary administrator can collect wages owed to the decedent, operate a small business temporarily, and distribute personal property—but cannot sell real property without further court involvement.
Florida has two simplified procedures. Disposition without administration under Fla. Stat. § 735.301 applies to personal property only and covers non-exempt personal property up to the value of preferred funeral expenses (at the statutory cap applicable at the time of the filing — confirm the current figure with your circuit court) plus reasonable last-illness medical expenses — there is no fixed dollar threshold under that section. For larger estates, summary administration under § 735.201 is available when probate assets do not exceed $75,000 or the decedent has been dead for more than two years. Neither procedure applies to real estate, which typically requires formal probate unless title passes by operation of law.
Assets that typically don't count toward the threshold
A common source of confusion: assets passing by operation of law are almost universally excluded from the small-estate calculation. Life insurance payable to a named beneficiary, retirement accounts with a designated beneficiary, joint tenancy bank accounts, and payable-on-death (POD) or transfer-on-death (TOD) accounts pass outside the estate entirely. They do not require a small-estate affidavit, and most states do not count them toward the threshold when determining eligibility.
Some states also exclude the decedent's vehicle if its value falls under a separate statutory limit. Arizona, for example, has a separate vehicle-transfer procedure for lower-value vehicles outside the main estate affidavit process — confirm the applicable threshold and procedure with the Arizona Motor Vehicle Division or an Arizona probate attorney, as the governing provisions sit in a different section of the Arizona Revised Statutes from the general small-estate affidavit.
What to include in the affidavit
A properly drafted affidavit typically states the decedent's full legal name and date of death, the affiant's relationship to the decedent, a list of the assets being claimed with approximate values, a representation that the estate falls below the statutory threshold, an assertion that no probate proceeding is pending or was completed, and the signatures of all successors entitled to share in that asset. Many states require a notary; some require witness signatures.
A prebuilt small-estate affidavit form available through forms-legal.com covers these standard elements and can be customized to the specific state's requirements.
When the affidavit won't work
Three situations regularly disqualify an estate from the summary process:
First, if the estate owns real property in most states, a small-estate affidavit alone cannot transfer title. Oregon and Arizona are notable exceptions, allowing real-property affidavits above certain thresholds, but the majority of states route real property through probate regardless of value.
Second, if the decedent died with significant unsecured debts—medical bills, credit cards, a personal loan—creditors retain claims against the estate. An affidavit does not discharge those debts, and the successor who collects assets using an affidavit may face personal liability to creditors up to the value of what they received.
Third, if the decedent had a will that is disputed, or if heirs disagree about who qualifies as a successor, the asset holder (a bank, for example) may refuse to release funds on a self-sworn affidavit and require a court order instead.
Practical steps before you file
Gather the death certificate—you will need multiple certified copies, one for each asset holder. Compile a list of accounts and their approximate balances. Check whether the total (excluding non-probate assets) falls below your state's threshold. Confirm the required waiting period has elapsed. Then prepare the affidavit, have it notarized, and present it with the death certificate to each financial institution.
Some asset holders add their own procedural requirements—an indemnification agreement, a copy of the decedent's ID, or a hold period. Banks in particular vary in how readily they accept affidavits versus insisting on letters testamentary from a probate court. Calling ahead to confirm the bank's internal policy saves significant back-and-forth.
The bottom line on thresholds
If the estate's probate assets fall below your state's limit—ranging from Georgia's $10,000 to Wyoming's $400,000—the affidavit process is almost always faster and cheaper than probate. The key variables are the dollar cap, the waiting period, whether real property is involved, and whether surviving debts complicate the transfer. Once you know those four facts for your state, the path forward is usually straightforward.
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This article is general information, not legal advice — see our accuracy & editorial policy. Confirm the cited law is current before relying on it.