Tool 01 · Eligibility
Small-estate threshold check
Every state lets small estates be collected with an affidavit or a short procedure instead of full probate. Pick the state, enter what's in the probate estate, and see where you stand — with the statute.
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All jurisdictions
Small-estate limits, state by state
| State | Limit | Wait | What the law says | Statute |
|---|---|---|---|---|
| Alabama | $47,000 | 30 d | Approx. $47,000 (personal property only): sum of homestead, exempt-property and family allowances under Ala. Code §§ 43-8-110 to -113, CPI-adjusted per § 43-8-116; set by the Revised Alabama Small Estates Act (2025 HB164, eff. Oct 1, 2025). Court-supervised summary distribution, not a pure affidavit. | Ala. Code § 43-2-690 et seq. (esp. § 43-2-692), as amended by 2025 HB164 |
| Alaska | $50,000 | 30 d | $50,000 personal property (excluding vehicles) plus registered vehicles up to $100,000 total value; personal property only | Alaska Stat. § 13.16.680 |
| Arizona | $200,000 | 30 d | $200,000 personal property (affidavit, 30 days after death) / $300,000 real property equity (separate affidavit, not sooner than 6 months after death); net of liens | A.R.S. § 14-3971 |
| Arkansas | $100,000 | 45 d | $100,000 (excluding homestead and statutory family allowances) | Ark. Code Ann. § 28-41-101 |
| California | $208,850 | 40 d | $208,850 personal property affidavit (§ 13100, deaths on/after Apr 1, 2025); real property of small value affidavit up to $69,625 (§ 13200, 6 months after death); primary residence up to $750,000 via court petition (§ 13151, AB 2016, not an affidavit) | Cal. Prob. Code § 13100 (personal property); § 13200 (small-value real property); § 13151 (primary residence petition, AB 2016) |
| Colorado | $88,000 | 10 d | $88,000 for 2026 deaths ($86,000 for 2025), CPI-adjusted annually; personal property only | C.R.S. § 15-12-1201 (Collection of Personal Property by Affidavit) |
| Connecticut | $40,000 | 30 d | $40,000 solely owned personal property (C.G.S. § 45a-273); filed with Probate Court; decree not issued until 30 days after affidavit copy sent to Dept. of Administrative Services | Conn. Gen. Stat. § 45a-273 |
| Delaware | $50,000 | 30 d | $50,000 personal property (excluding jointly owned property); not available if decedent owned Delaware real estate solely or as tenant in common | 12 Del. C. § 2306 |
| District of Columbia | $40,000 | 30 d | $40,000 gross personal property | D.C. Code § 20-351 et seq. (Small Estate Administration) |
| Florida | $75,000 | — | $75,000 (Summary Administration) or no limit if deceased > 2 years | Fla. Stat. § 735.201 (Summary Administration) |
| Georgia | $15,000 | — | No general small-estate affidavit. Options: Petition for Order that No Administration Is Necessary (O.C.G.A. § 53-2-40); bank may pay intestate decedent's deposits up to $15,000 to spouse/children/parents/siblings by affidavit (O.C.G.A. § 7-1-239) | O.C.G.A. § 53-2-40 (No Administration) & O.C.G.A. § 7-1-239 |
| Hawaii | $100,000 | — | $100,000 gross value of Hawaii estate; personal property only (motor vehicles transferable regardless of value); real property requires court summary administration under § 560:3-1205 | Haw. Rev. Stat. § 560:3-1201 (affidavit); § 560:3-1205 (summary administration) |
| Idaho | $100,000 | 30 d | $100,000 (entire probate estate, net of liens); collection of personal property by affidavit only | Idaho Code § 15-3-1201 |
| Illinois | $150,000 | — | $150,000 gross personal estate (deaths on/after Aug 15, 2025; was $100,000); motor vehicles excluded from the cap; not available if decedent owned Illinois real estate | 755 ILCS 5/25-1 (as amended by P.A. 104-0346, SB 83, eff. Aug 15, 2025) |
| Indiana | $100,000 | 45 d | $100,000 for deaths after June 30, 2022 ($50,000 for earlier deaths); personal property only | Ind. Code § 29-1-8-1 (Small Estate Affidavit) |
| Iowa | $50,000 | 40 d | $50,000 gross value of probate personal property; no real property may pass by affidavit (deaths on/after Jan 1, 2025) | Iowa Code § 633.356 (Distribution of Property by Affidavit) |
| Kansas | $75,000 | — | $75,000 total probate assets (K.S.A. 59-1507b); personal property only | K.S.A. § 59-1507b |
| Kentucky | $30,000 | — | $30,000 personal estate (surviving spouse exemption, KRS 391.030); spouse, or if none children/preferred creditor, may petition District Court to dispense with administration | KRS § 395.455 (Dispensing with Administration) |
| Louisiana | $125,000 | — | $125,000 gross value of Louisiana property at date of death (any value if death was 20+ years ago); may include immovable property | La. C.C.P. art. 3421 (definition); arts. 3431-3434 (Affidavit of Small Succession) |
| Maine | $40,000 | 30 d | $40,000 adjusted for inflation (entire estate less liens), personal property only | 18-C M.R.S. § 3-1201 |
| Maryland | $50,000 | — | $50,000 ($100,000 if surviving spouse is sole legatee/heir) - small estate administration, not an affidavit | Md. Code, Est. & Trusts § 5-601 |
| Massachusetts | $25,000 | 30 d | $25,000 personal property (excluding one automobile) | M.G.L. c. 190B, § 3-1201 (Voluntary Administration) |
| Michigan | $53,000 | 28 d | $50,000 base, inflation-adjusted under MCL 700.1210: $51,000 for 2025 deaths, $53,000 for 2026 deaths (estate less liens) | MCL § 700.3982 & § 700.3983 |
| Minnesota | $75,000 | 30 d | $75,000 (personal property only) | Minn. Stat. § 524.3-1201 |
| Mississippi | $75,000 | 30 d | $75,000 probate estate less liens and encumbrances (personal property) | Miss. Code Ann. § 91-7-322 (Small Estate Affidavit) |
| Missouri | $40,000 | 30 d | $40,000 (net estate value) | Mo. Rev. Stat. § 473.097 (Small Estate Affidavit) |
| Montana | $100,000 | 30 d | $100,000 (entire probate estate less liens; personal property collected by affidavit) | Mont. Code Ann. § 72-3-1101 |
| Nebraska | $100,000 | 30 d | $100,000 personal property (§ 30-24,125); separate affidavit for real property up to $100,000 (§ 30-24,129) | Neb. Rev. Stat. § 30-24,125 & § 30-24,129 |
| Nevada | $25,000 | 40 d | $25,000 ($150,000 if claimant is the surviving spouse); excludes registered vehicles | NRS § 146.080 (Affidavit of Entitlement) |
| New Hampshire | see procedure | 30 d | No dollar-capped small-estate affidavit. Waiver of Administration (RSA 553:32) available regardless of value when sole/all beneficiaries or heirs serve as administrator; closing statement filed 6-12 months after appointment | N.H. RSA 553:32 (Waiver of Administration) |
| New Jersey | $50,000 | — | $50,000 for surviving spouse; $20,000 for other heirs | N.J.S.A. § 3B:10-3 (Spouse) & § 3B:10-4 (Heirs) |
| New Mexico | $50,000 | 30 d | $50,000 (personal property only) | NMSA 1978 § 45-3-1201 |
| New York | $50,000 | — | $50,000 personal property (excluding exempt family property) | N.Y. SCPA Article 13 (§ 1301 et seq.) |
| North Carolina | $20,000 | 30 d | $20,000 ($30,000 if surviving spouse is sole heir) | N.C. Gen. Stat. § 28A-25-1 (Collection by Affidavit) |
| North Dakota | $100,000 | 30 d | $100,000 (entire estate less liens; collection of personal property by affidavit) | N.D. Cent. Code § 30.1-23-01 |
| Ohio | $35,000 | — | $35,000 standard / up to $100,000 if surviving spouse inherits entire estate | Ohio Rev. Code § 2113.03 (Relief from Administration) |
| Oklahoma | $50,000 | 10 d | $50,000 (personal property only) | 58 O.S. § 393 (Small Estate Affidavit) |
| Oregon | $275,000 | 30 d | $275,000 total ($75,000 personal property + $200,000 real property) | ORS § 114.515 (Simple Estate Affidavit) |
| Pennsylvania | $50,000 | — | $50,000 (excluding real estate and family exemptions) | 20 Pa.C.S. § 3102 (Settlement of Small Estates on Petition) |
| Rhode Island | $15,000 | 30 d | $15,000 personal property only (value excludes the decedent's tangible personal property); filed with the municipal probate court as a voluntary administrator statement; no real property | R.I. Gen. Laws § 33-24-1 (Voluntary Informal Administration) |
| South Carolina | $45,000 | 30 d | $45,000 entire probate estate less liens (raised from $25,000 by 2025 Act No. 26, eff. May 8, 2025); affidavit collects personal property only and must be approved/countersigned by the probate judge | S.C. Code Ann. § 62-3-1201 (Collection by Affidavit) |
| South Dakota | $100,000 | 30 d | $100,000 entire estate less liens and encumbrances (affidavit collects personal property only; not available if decedent owes DSS for Medicaid institutional care) | SDCL § 29A-3-1201 |
| Tennessee | $50,000 | 45 d | $50,000 total property; handled by sworn petition for limited letters of administration/testamentary of a small estate (no authority over real estate) | Tenn. Code Ann. § 30-4-101 et seq. (§ 30-4-103) |
| Texas | $75,000 | 30 d | $75,000 estate assets excluding homestead and exempt property; intestate estates only; affidavit must be approved by the court | Tex. Estates Code § 205.001 (Small Estate Affidavit) |
| Utah | $100,000 | 30 d | $100,000 entire estate subject to administration less liens (personal property only; water shares excluded) | Utah Code § 75-3-1201 (Collection by Affidavit) |
| Vermont | $45,000 | — | $45,000 fair market value, estate consisting entirely of personal property (may include a time-share); simplified court proceeding in the Probate Division, not an affidavit | 14 V.S.A. § 1901 (Small Estate Administration) |
| Virginia | $75,000 | 60 d | $75,000 entire personal probate estate (personal property only; real property not included) | Va. Code Ann. § 64.2-601 |
| Washington | $100,000 | 40 d | $100,000 personal property (net of liens); real property not included | RCW § 11.62.010 (Small Estate Affidavit) |
| West Virginia | $50,000 | 30 d | $50,000 personal probate estate by affidavit (only if no probate real property); separate summary settlement of small estates via county commission/fiduciary supervisor | W. Va. Code § 44-1A-1 et seq. (§ 44-1A-2) |
| Wisconsin | $50,000 | — | $50,000 gross value of property subject to administration in Wisconsin; heirs/trustee/guardian may transfer real property by affidavit (a named PR who is not an heir cannot); DHS notice required if Medicaid/long-term care received | Wis. Stat. § 867.03 (Transfer by Affidavit) |
| Wyoming | $200,000 | 30 d | $200,000 estate value; affidavit (§ 2-1-201) covers personal property only; real property up to $200,000 requires summary decree under § 2-1-205 | Wyo. Stat. § 2-1-201 (Small Estate Distribution by Affidavit) |
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Questions
Small estates, explained
Can real estate be transferred using a Small Estate Affidavit?
Usually not — most small-estate affidavits cover personal property only. Exceptions and side-procedures exist: California has a separate affidavit for real property of limited value (Prob. Code § 13200) and a court petition for a primary residence up to $750,000 (§ 13151); Arizona has a separate real-property affidavit (equity up to $300,000, six months after death); Nebraska has a separate real-property affidavit; Wisconsin lets heirs transfer real property by affidavit. Check the state rule in the table below.
Do non-probate assets count toward the small estate limit?
Generally no. Assets that pass by beneficiary designation or title — life insurance, retirement accounts, payable-on-death and transfer-on-death accounts, jointly owned property with survivorship, and assets held in a living trust — pass outside probate and are usually not counted. Some states measure the whole estate, others only personal property; read your state's rule.
Does a Small Estate Affidavit require a court appearance?
In many states the affidavit is presented directly to the bank or other holder of the property, without filing in court. In others the affidavit or a simplified petition must be filed with the probate court or register of wills — for example Tennessee (sworn petition), Vermont, Rhode Island and South Carolina (judge's countersignature).
How long do I have to wait after the death?
It depends on the state: 37 jurisdictions set a waiting period (for example 40 days in California, 60 in Virginia, 30 in Texas), while others have none.