Small Estate Affidavit: When Simplified Transfer Works

Small-Estate Affidavit Limits by State

The procedure varies, but the one fact worth putting in a chart is the dollar limit: the maximum estate value that can use the simplified path. Below is the small-estate limit, the waiting period before it can be used, and the governing statute for each state we cover. Open your state’s guide for the full requirements.

• AlabamaAbout $47,000 for 2026 deaths (combined homestead, exempt-property, and family allowances)No fixed wait to file, but notice must be published first and the court generally does not act until at least 30 days after publication. Total elapsed time from death is typically longer · Ala. Code Sections 43-2-690 through 43-2-696.02
• Alaska$100,000 for registered vehicles and $50,000 for all other personal property, each measured after liens and encumbrances (AS 13.16.680(a)(1)). The estate must consist only of those two kinds of property, so any real property that would pass through probate closes the route.Thirty days after the death (AS 13.16.680(a)(2)). The route closes once anyone has applied or petitioned, in Alaska or any other state, to appoint a personal representative, and stays closed after an appointment is granted (AS 13.16.680(a)(3)). · AS 13.16.680 (collection of personal property by affidavit) and AS 13.16.685 (effect of affidavit), as reproduced in Alaska Court System form P-110 (4/17); AS 13.06.050 (definition of successor); AS 13.16.690 and AS 13.16.695 (closing a small estate by sworn statement, form P-350); Alaska R. Admin. 9(b)(2) (court fees); and AS 13.48.010-13.48.190 (transfer on death deeds, form P-150).
• Arizona$200,000 personal property; $300,000 Arizona real property30 days for personal property; 6 months for real property · A.R.S. 14-3971 and A.R.S. 14-3972
• Arkansas$100,00045 days after death · Ark. Code 28-41-101
• California$208,85040 days · California Probate Code sections 13100-13116
• Colorado$88,000 for 2026 deaths (indexed annually by year of death)At least 10 days after death · C.R.S. 15-12-1201 and 15-12-1202
• Connecticut$40,000 or less in solely owned tangible and intangible personal property, with no solely owned Connecticut real property at deathNone before filing. Conn. Gen. Stat. § 45a-273 sets no waiting period after death. The 30 days runs against the COURT: on receiving the affidavit the court sends a copy to the Department of Administrative Services and may not issue its decree until 30 days after that copy was sent. Apart from that hold, the court may act without notice and hearing. · Conn. Gen. Stat. § 45a-273 (settlement of small estates without probate of will or letters of administration); Conn. Gen. Stat. § 45a-107 (fees for settlement of a decedent’s estate); Conn. Gen. Stat. § 45a-365 (order of payment of claims, expenses and taxes); Conn. Gen. Stat. § 12-392 (estate tax return filed with the Probate Court); Conn. Gen. Stat. § 45a-274 (ex parte administrator for benefits of $1,000 or less)
• Delaware$50,00030 days after death · 12 Del. C. § 2306
• District of Columbia$80,000 of property subject to administration in the District for the court small estates proceeding (D.C. Code § 20-351), real estate included, and $40,000 for the no-court affidavit (D.C. Code § 20-361(a)(1)), measured on the whole probate estate wherever located, less liens and encumbrances, with no interest in real property. Both apply to deaths on or after March 21, 2025.Sixty days after the death for the affidavit, shown by a certified death certificate attached to it (D.C. Code § 20-361(a)(2)). The court small estates proceeding has no waiting period; if the court directs notice, it is published once and claims and objections are due within 30 days of publication (D.C. Code § 20-353(b)). · D.C. Code §§ 20-360 to 20-362 (payment or delivery of small assets by affidavit); D.C. Code §§ 20-351 to 20-356 (small estates proceeding); D.C. Code § 20-105 (devolution of property at death); D.C. Code § 15-707 (probate fees); D.C. Code § 15-712 (fee waivers); D.C. Law 25-302 and D.C. Law 26-164.
• Florida$150,000 for Summary Administration; narrower Disposition Without Administration rules for certain personal-property estatesNo fixed wait for the general final-expense route; more than 1 year after death for the intestate $20,000 route · Florida Statutes Chapter 735
• GeorgiaNo generic dollar cap (Georgia has no classic small-estate affidavit); the bank-deposit affidavit covers deposits up to $15,000No fixed wait for No Administration Necessary; the bank-deposit funeral-expense payout option becomes available 45 days after death · O.C.G.A. § 53-2-40, O.C.G.A. § 7-1-239, and O.C.G.A. § 53-3-1
• Hawaii$100,000 or less, measured on the GROSS value of the decedent's estate in Hawaii (HRS § 560:3-1201(a)(1)). Nothing is subtracted for a mortgage, lien or other debt, property outside Hawaii is not counted, and Hawaii real estate counts in full even though the affidavit cannot transfer it.None stated in the statute. Unlike the uniform act's thirty days, HRS § 560:3-1201 as compiled sets no waiting period after the death, so the affidavit can be presented as soon as a death certificate is in hand and the other conditions are met. The affidavit also has no deadline of its own. The outer limit that matters is on the fallback: § 560:3-108 bars a proceeding to probate a will, other than an ancillary one, more than five years after the death, subject to listed exceptions, while a proceeding to adjudicate intestacy can be started at any time unless there was a prior probate proceeding. · HRS § 560:3-1201 (collection of personal property by affidavit) and § 560:3-1202 (effect of affidavit), with the clerk-administered route at §§ 560:3-1205 to 560:3-1211, the no-dollar summary procedure at §§ 560:3-1203 and 560:3-1204, the five-year limit at § 560:3-108, the Medicaid recovery rule at § 346-37, the homestead allowance at § 560:2-402, and the death certificate fees at § 338-14.5.
• Idaho$100,000 or less, measured on the fair market value of the entire estate of the decedent subject to probate, wherever located, less liens and encumbrances (Idaho Code § 15-3-1201(a)(1)). Real property is inside that measure at its equity, even though the affidavit cannot transfer it.Thirty days after the death (Idaho Code § 15-3-1201(a)(2)). There is no outer deadline on the affidavit itself: Idaho Code § 15-3-108 bars opening a probate more than three years after the death, but it says that limit does not apply to proceedings under § 15-3-1201 or § 15-3-1205. The route does close if anyone applies to be personal representative, or files for summary administration, in Idaho or any other state. · Idaho Code § 15-3-1201 (collection of personal property by affidavit) and § 15-3-1202 (effect of affidavit), with § 15-3-1203 and § 15-3-1204 (summary administrative procedure and its closing statement), § 15-3-1205 (surviving spouse as sole beneficiary), § 15-3-108 (the three-year limit, which does not apply to proceedings under § 15-3-1201 or § 15-3-1205), § 15-1-201(16) (the definition of estate), § 15-2-402 and § 15-2-403 (homestead allowance and exempt property), § 49-514 (vehicle titles by affidavit), and IDAPA 16.02.08.251 (death certificate fees).
• Illinois$150,000 of personal estate, excluding registered motor vehiclesNone; 755 ILCS 5/25-1 sets no waiting period after the date of death · 755 ILCS 5/25-1 (small estate affidavit); 755 ILCS 5/9-8 (summary administration); 755 ILCS 5/18-10 (classification of claims)
• Indiana$100,000 gross probate estate, less liens, encumbrances, and reasonable funeral expenses (deaths after June 30, 2022)45 days after death (5 days for a motor vehicle or watercraft title at the BMV) · Ind. Code § 29-1-8-1 (distributee affidavit for small estates); Ind. Code §§ 29-1-8-3 and 29-1-8-4 (summary administration and closing statement); Ind. Code § 33-37-4-7 (probate costs fee and exemptions)
• Iowa$100,000 (gross value of personal property)40 days after death · Iowa Code § 633.356 (distribution by affidavit); Iowa Code § 635.1 and § 635.8(4) (chapter 635 small estate administration)
• Kansas$75,000 or less, measured on the total assets of the estate of the decedent subject to probate, in value. K.S.A. 59-1507b(a) sets one figure and applies it to the whole probate estate rather than to the property the affidavit can actually collect, so a house that is subject to probate counts toward the answer even though the affidavit cannot convey it.None. K.S.A. 59-1507b states no waiting period, which sets Kansas apart from most states, and the affidavit is usable as soon as it can be prepared. The clocks that do matter in Kansas run in the other direction. A will of a Kansas resident does not pass property unless a petition to probate it is filed within six months of the death under K.S.A. 59-617, and K.S.A. 59-2239(1) bars creditors from the decedent's property, other than liens existing at the death, unless a probate or administration petition is filed within six months. Two other Kansas routes DO have a wait: the benefit affidavit under K.S.A. 59-1507a needs 180 days, and a proceeding to determine descent under K.S.A. 59-2250 needs the decedent to have been dead more than six months. · K.S.A. 59-1507b (transfer of certain personal property to successor by affidavit), with the second simplified route at K.S.A. 59-2287 (refusal to grant letters of administration), the narrow benefit affidavit at K.S.A. 59-1507a, the real-estate route at K.S.A. 59-2250 and 59-2251 (proceedings to determine descent), the creditor bar at K.S.A. 59-2239, the six-month limit on probating a will at K.S.A. 59-617 and the docket-fee table at K.S.A. 59-104
• Kentucky$30,000 in distributable personal property, within the surviving-spouse-and-children exemption of KRS 391.030, alone or together with preferred claims paidNo waiting period set by statute; the petition is filed with the District Court (KRS 395.455) · KRS 395.455 and KRS 395.450 (transfer of assets without administration); KRS 391.030 ($30,000 surviving-spouse-and-children exemption and $2,500 bank withdrawal); KRS 396.095 (order of payment of preferred claims); KRS 395.470 (dispensing with administration by agreement)
• Louisiana$200,000 gross value, or any value if the death occurred 20+ years agoNo fixed statutory waiting period for the affidavit itself; asset holders may set their own timing · Louisiana Code of Civil Procedure arts. 3421 and 3431-3434
• Maine$52,500 for deaths in 2026 (the inflation-adjusted figure under 18-C M.R.S. § 1-108; $40,000 statutory base, $51,100 for deaths in 2025); personal property only, and no real property30 days after death · 18-C M.R.S. § 3-1201 (collection of personal property by affidavit); 18-C M.R.S. § 1-108 (cost-of-living adjustment of the dollar threshold); 18-C M.R.S. § 3-1204 (summary administrative closing statement)
• Maryland$50,000 or less in property subject to administration, or $100,000 or less when the surviving spouse is the sole legatee or heirNo fixed statutory waiting period; the small-estate petition is filed with the Register of Wills once the property subject to administration is established at $50,000 or less, or $100,000 or less when the surviving spouse is the sole legatee or heir · Md. Est. & Trusts §§ 5-601 to 5-607 (small estate); Md. Est. & Trusts § 2-206 (Register of Wills probate fee schedule); Md. Est. & Trusts § 8-103 (limitation on creditor claims)
• Massachusetts$25,000 in personal property, plus one motor vehicle the decedent owned, which sits outside that ceiling; no real estate30 days after the date of death · M.G.L. c. 190B, § 3-1201 (collection of personal property by affidavit, filed as the voluntary administration statement); M.G.L. c. 190B, § 3-1202 (effect of affidavit); M.G.L. c. 190B, §§ 3-1203 and 3-1204 (small estates, summary administration procedure and closing by sworn statement); M.G.L. c. 262, § 40 and M.G.L. c. 262, § 4C (filing fee and surcharge)
• Michigan$53,000 for 2026 deaths (statutory base $50,000, adjusted)More than 28 days after death for the successor affidavit path · MCL 700.3982 and MCL 700.3983
• Minnesota$75,00030 days after death · Minn. Stat. 524.3-1201 and 524.3-1202
• Mississippi$75,000 (value of the entire probate estate, excluding non-probate property)30 days after death · Miss. Code § 91-7-322
• Missouri$40,000 (entire estate, less liens, debts, and encumbrances)30 days after death · Mo. Rev. Stat. § 473.097 (small estate; distribution of assets without letters); Mo. Rev. Stat. § 473.090 (refusal of letters)
• Montana$100,000 or less, measured on the value of the probate estate, wherever located, less liens and encumbrances (Mont. Code Ann. § 72-3-1101(1)(a)), for deaths on or after October 1, 2023. Real property is inside that measure at its value net of the mortgage, even though the affidavit cannot transfer it.30 days after the death (Mont. Code Ann. § 72-3-1101(1)(b)). The route closes once anyone applies to be appointed personal representative, in Montana or in any other state, and it stays closed after an appointment is granted (§ 72-3-1101(1)(c)). · Mont. Code Ann. § 72-3-1101 (collection of personal property by affidavit) and § 72-3-1102 (effect of affidavit), with §§ 72-3-1103 and 72-3-1104 (summary administration procedure and its closing statement), § 72-1-103 (definitions, including property), § 72-3-102 (a will transfers property only once probated, except under the affidavit), §§ 72-2-412, 72-2-413 and 72-2-414 (homestead allowance, exempt property and family allowance), § 61-3-222 (vehicle titles by affidavit), and § 50-15-111 (death certificate fees).
• Nebraska$100,000 or less, measured on the value of all of the personal property in the decedent's estate, wherever located, less liens and encumbrances (Neb. Rev. Stat. § 30-24,125(a)(1)). Real property is outside that measure entirely. Nebraska land has its own affidavit under § 30-24,129 with its own separate $100,000 cap, taken from the assessment rolls for the year of death less real estate taxes and interest then due.Thirty days for both affidavits. Neb. Rev. Stat. §§ 30-24,125(a)(2) and 30-24,129(a)(2) each require that thirty days have elapsed since the death, shown by a certified or authenticated copy of the death certificate attached to the affidavit. The personal-property affidavit also accepts an abstract of death as defined in § 71-601.01 where the certificate is delayed, which Nebraska issues while a death is under investigation. The real-property affidavit carries no such alternative and still needs the certificate itself. At the far end of the calendar, § 30-2408 bars commencing any informal or formal probate, testacy or appointment proceeding more than three years after the death, so a family that abandons the affidavit route late has a narrower court option than it had at the start. · Neb. Rev. Stat. § 30-24,125 (collection of personal property by affidavit) and § 30-24,126 (effect of that affidavit), with the parallel land route at § 30-24,129 (succession to real property by affidavit) and § 30-24,130 (effect), the third simplified route at § 30-24,127 and its closing statement at § 30-24,128, the recording charge at § 33-109, the perjury exposure at § 28-915, the abstract of death at § 71-601.01, the three-year outer bar at § 30-2408, the allowances at § 30-2322, and the death certificate fee at § 71-612(1).
• Nevada$25,000 of personal property (general claimant); $150,000 if the claimant is the surviving spouse40 days after death · NRS 146.080 (and NRS 146.070, NRS 145.040)
• New HampshireNone. New Hampshire sets no dollar limit for a simplified estate, because it has no small estate affidavit. Waiver of administration under RSA 553:32 and summary administration under RSA 553:33 both qualify on relationship and consent, and either one is open at any estate value.None before opening. A New Hampshire estate can be opened as soon as the certified death record is in hand, and RSA 553:3 gives the surviving spouse, and then the next of kin, a 30-day preference window to apply before anyone else may be appointed. The waiting periods come at the end instead. A waiver-of-administration estate closes on an affidavit of administration filed not less than 6 months and not more than one year after appointment. A Motion for Summary Administration cannot be filed until the estate has been open at least 6 months. Both track the creditor window, which runs 6 months from the original grant of administration under RSA 556:3, not from the death and not from a published notice. · RSA 553:32 (waiver of administration); RSA 553:33 (summary administration); RSA 553:1 (administrator defined); RSA 553:13 (bond); RSA 553:16 (publication of notice of appointment, not required at a gross value of $10,000 or less); RSA 554:1 (inventory); RSA 554:26-a (accounts); RSA 556:3 (creditors exhibit their demands within 6 months of the original grant of administration); RSA 563-D (Uniform Real Property Transfer on Death Act); N.H. Circuit Court Probate Division Rule 169 (the statewide fee schedule); N.H. Circuit Court Probate Division Rule 88 (fiduciary and attorney fees)
• New Jersey$50,000 or less in real and personal assets where a spouse, civil union partner, or domestic partner survives, or $20,000 or less where none survives and the remaining heirs consent in writingNone. Neither affidavit route carries a statutory waiting period. The 10-day floor in N.J.S.A. 3B:3-22 applies to admitting a will to probate, and these affidavits are available only where the decedent left no will. · N.J.S.A. 3B:10-3 (surviving spouse, partner in a civil union, or domestic partner) and N.J.S.A. 3B:10-4 (heirs, with written consent); N.J.S.A. 3B:10-5 (payment on a true copy of the affidavit); N.J.S.A. 22A:2-30 (surrogate fee schedule); N.J.S.A. 3B:22-4 (creditor claims)
• New Mexico$50,000 (value of the entire estate, wherever located, less liens and encumbrances)30 days after death · NMSA 1978, Section 45-3-1201 (and Sections 45-3-1202, 45-3-1203, 45-3-1204, 45-3-1205)
• New York$50,000 or less in personal propertyNo fixed waiting period in the staged data; file after death once you have required documents and county instructions. · SCPA Article 13
• North Carolina$20,000, or $30,000 for certain surviving-spouse cases30 days after death · N.C. Gen. Stat. Chapter 28A, Article 25
• North Dakota$100,000 or less for deaths on or after August 1, 2025, measured as the value of the entire estate subject to distribution or succession, wherever located, less liens and encumbrances (N.D.C.C. § 30.1-23-01(1)(a)). Real property counts in that measure at its equity even though this affidavit cannot transfer it. The figure was $50,000 for deaths before August 1, 2025.Thirty days after the death (N.D.C.C. § 30.1-23-01(1)(b)). The route closes once anyone applies or petitions to be personal representative, in North Dakota or in any other state, and stays closed after an appointment is granted (§ 30.1-23-01(1)(c)). · N.D.C.C. § 30.1-23-01 (collection of personal property by affidavit), § 30.1-23-02 (effect of affidavit), § 30.1-23-03 (summary administrative procedure), § 30.1-23-04 (closing by sworn statement), § 30.1-20-01 (successors' rights if no administration), § 47-18-01 (homestead), § 30.1-07-01 (exempt property), ch. 30.1-32.1 (transfer on death deeds), § 39-05-19 (vehicle title on transfer other than voluntary), § 57-40.3-04(5) (excise tax exemption), and § 23-02.1-29(1) (death certificate fee).
• OhioRelease from Administration: $35,000, or up to $100,000 if all probate assets pass to the surviving spouse; Summary Release: funeral/burial reimbursement or spouse support allowance plus up to $5,000 funeral amountNo fixed statutory wait; creditor claims generally run 6 months from death · Ohio Revised Code §§ 2113.03, 2113.031, 2106.13
• Oklahoma$50,000 or less, measured as the fair market value of property located in Oklahoma that the decedent owned and that is subject to disposition by will or intestate succession, LESS liens and encumbrances. Okla. Stat. tit. 58, § 393(A)(1) sets one figure and takes it net of secured debt, so a $300,000 house carrying a $270,000 mortgage contributes $30,000 to the answer.Ten days. Okla. Stat. tit. 58, § 393(A) allows the affidavit at any time ten or more days after the date of death, and the section carries no hardship exception and no shorter alternative. Nothing else in the route has a clock, so the affidavit is usable on day eleven. A family that needs authority sooner petitions the district court for letters instead, which has no waiting period and takes the flat filing fee under Okla. Stat. tit. 28, § 152(A)(3). · Okla. Stat. tit. 58, § 393 (payment or delivery of property to successor by affidavit) and Okla. Stat. tit. 58, § 394 (discharge and release of the payer), with the two court routes an estate falls back on at Okla. Stat. tit. 58, §§ 245 to 247 (summary administration) and Okla. Stat. tit. 58, § 241 (dispensing with regular proceedings), and the court filing fee at Okla. Stat. tit. 28, § 152(A)(3)
• Oregon$75,000 of fair market value attributable to personal property other than manufactured homes, and separately $200,000 attributable to real property and manufactured homes combined. ORS 114.510(1)(a) sets both, and both have to hold.Thirty days. ORS 114.515(3) says a simple estate affidavit may not be filed until 30 days after the death of the decedent. Nothing shortens it and the section carries no hardship exception. A family that needs authority sooner opens a full administration instead, which has no waiting period and pays the graduated filing fee in ORS 21.170(1). · ORS 114.510 (simple estate criteria) and ORS 114.515 (who may file, the 30-day wait and the $124 fee), with the claim window at ORS 114.540 and summary review at ORS 114.550
• Pennsylvania$50,000No fixed statewide waiting period in Section 3102 · 20 Pa.C.S. Sections 3101, 3102, and 3121
• Rhode Island$15,000 or less in personal property that would otherwise be listed on a probate inventory, excluding the decedent’s tangible personal property, and no real property in the estate at all30 days from the date of death. R.I. Gen. Laws §§ 33-24-1(a) and 33-24-2(a) allow the statement to be filed only "after the expiration of thirty (30) days from the death of the decedent", and only where no petition for letters testamentary or letters of administration has already been filed in the probate court of the city or town where the decedent resided. The clock runs from the death itself, not from a notice or a publication. · R.I. Gen. Laws § 33-24-1 (voluntary informal administration of small estates); R.I. Gen. Laws § 33-24-2 (small estates where an executor is named in the will); R.I. Gen. Laws § 33-9-1 (the inventory that measures the ceiling, and which leaves out real property); R.I. Gen. Laws § 33-22-21 (probate court fees); R.I. Gen. Laws § 33-12-11 (order of preference of debts); R.I. Gen. Laws § 33-14-13 (reopening for newly discovered assets of $5,000 or less); R.I. Gen. Laws § 44-23-1 (statement filed with the tax administrator); R.I. Gen. Laws § 8-9-9 (which probate court hears the estate)
• South Carolina$45,00030 days after death · S.C. Code Sections 62-3-1201, 62-3-1202, 62-3-1203, and 62-3-1204
• South Dakota$100,000 or less, measured as the value of the entire estate, wherever located, less liens and encumbrances (SDCL § 29A-3-1201(a)(1)). Real property counts in that measure at its equity even though this affidavit cannot transfer it. A separate $50,000 limit applies to South Dakota land under § 29A-3-1203.Thirty days after the death for the personal-property affidavit (SDCL § 29A-3-1201(a)(2)) and sixty days for the real-property affidavit (§ 29A-3-1203). Both routes close once anyone applies or petitions to be personal representative, in South Dakota or in any other state, and stay closed after an appointment is granted. · SDCL § 29A-3-1201 (collection of personal property by affidavit), § 29A-3-1202 (effect of affidavit), § 29A-3-1203 (succession to real property by affidavit), § 29A-3-817 (Department of Social Services claim for medical assistance), § 7-9-15 (register of deeds fees), § 43-4-22 (real estate transfer fee exemptions), §§ 32-3-80 to 32-3-84 (transfer on death of vehicles and boats), §§ 29A-6-401 to 29A-6-435 (Real Property Transfer on Death Act), and ARSD 44:09:06:02 (death certificate fee).
• Tennessee$50,000 (value of probate property)45 days after death · T.C.A. § 30-4-101 et seq.; T.C.A. § 30-4-102 (definition of small estate); T.C.A. § 30-4-103 (petition procedure); T.C.A. § 8-21-401 (filing fee)
• Texas$75,000 (excluding homestead and exempt property)30 days · Texas Estates Code Chapter 205
• Utah$100,000 or less, measured as the value of the entire estate subject to administration, wherever located, LESS liens and encumbrances. Utah Code § 75-3-1201(1)(a) sets one figure and measures it net of secured debt across the whole estate, so a $400,000 house carrying a $350,000 mortgage contributes $50,000 to the answer.Thirty days. Utah Code § 75-3-1201(1)(b) requires that 30 days have elapsed since the death of the decedent, and the section carries no hardship exception. Nothing else in the route has a clock, so the affidavit is usable on day 31. A family that needs authority sooner applies for informal appointment of a personal representative instead, which has no waiting period and pays the flat $375 court fee under Utah Code § 78A-2-301(1)(a). · Utah Code § 75-3-1201 (collection of personal property by affidavit, the four-vehicle sub-route and the water-share exclusion) and Utah Code § 75-3-1202 (effect of affidavit), with the second small-estate route at Utah Code §§ 75-3-1203 and 75-3-1204 and the court fees at Utah Code § 78A-2-301
• Vermont$45,000.00 in fair market value, and the estate must consist entirely of personal property. Both tests come from 14 V.S.A. § 1901(a) and both have to be met; a time-share estate under 32 V.S.A. § 3619(a) is the only real-property-flavoured asset the route allows.None before filing. 14 V.S.A. § 1901(a) lists eight things to file and a waiting period is not one of them, so a Vermont small estate can be commenced as soon as the death certificate and the inventory are ready. The waiting happens afterwards. An interested party who has not consented in writing must be given notice and has 14 days from receiving it to object under § 1901(b), and claims that arose before the death are barred four months after the first publication of notice to creditors under § 1203(a)(1), or one year after the death where notice was never given. · 14 V.S.A. § 1901 (commencement of a small estate, the $45,000.00 fair-market-value limit and the personal-property-only test); 14 V.S.A. § 1902 (letters of administration, small estates, notice); 14 V.S.A. § 1903 (closing a small estate, and the order of dividend where it is insolvent); 14 V.S.A. § 1851 and 14 V.S.A. § 1852 (waiver of administration); V.R.P.P. Rule 80.3(g) (the affidavit procedure, promulgated October 6, 2025 and effective January 1, 2026); 32 V.S.A. § 1434(a)(1)-(8) (the banded entry fee) and 32 V.S.A. § 1434(a)(30) (the $50.00 affidavit-procedure fee); 14 V.S.A. § 906 (bond); 14 V.S.A. § 1051 (inventory); 14 V.S.A. § 1201 and 14 V.S.A. § 1203 (notice to creditors and the claim bar); 27 V.S.A. chapter 6 (Enhanced Life Estate Deed Act); 4 V.S.A. § 272 (one probate district in each county)
• Virginia$75,000 personal probate estate (successor affidavit); $35,000 single small asset (voluntary payment)60 days after death · Va. Code 64.2-601 and 64.2-602
• Washington$100,000, measured on the value of the decedent's entire estate subject to probate wherever located, less liens and encumbrances, and leaving out the surviving spouse's or surviving domestic partner's community property interest in assets subject to probate (RCW 11.62.010(2)(c)).Forty days after the death, plus a second clock most summaries drop. RCW 11.62.010(1) allows the affidavit only after 40 days have elapsed, and RCW 11.62.010(2)(h) makes the claiming successor swear that written notice of the claim was served on or mailed to every other successor at least 10 days earlier. Serve the other successors first and the two periods overlap; leave it to the end and the 10 days run after day 40. · RCW 11.62.010 (contents and effect of the affidavit) and RCW 11.62.020 (discharge of the person who pays or delivers), with the court-fee comparison at RCW 36.18.020(2)(f), (5)(c) and (6)
• West Virginia$50,000 or less in probate personal property (small assets) and no probate real property for the § 44-1A-2 affidavit; a small estate with West Virginia real estate of $100,000 or less uses the separate recorded affidavit under § 44-1A-430 days after death for a successor nominated in the will; 60 days after death for any other successor · West Virginia Code § 44-1A-1 et seq. (West Virginia Small Estate Act; definitions); West Virginia Code § 44-1A-2 (administration of a small estate by affidavit without appointment); West Virginia Code § 44-1A-4 (small-estate real estate by recorded affidavit); West Virginia Code § 59-1-10 (clerk of the county commission recording fees)
• Wisconsin$50,000 or less in gross value of property subject to administration in WisconsinNo universal statewide waiting period; a holder of money due the decedent may wait until 30 days after receiving an affidavit from a will-named representative · Wis. Stat. 867.03 (transfer by affidavit), 867.01 (summary settlement), and 867.02 (summary assignment)
• Wyoming$400,000 or less, measured on the value of the entire estate located in Wyoming subject to administration, either testate or intestate, less liens and encumbrances (W.S. 2-1-201(a)(i)), for deaths on or after July 1, 2025. Wyoming real property counts toward that measure at its value net of liens, even though the affidavit cannot transfer it.30 days after the death (W.S. 2-1-201(a)(ii)). The route closes once anyone applies in Wyoming to be appointed personal representative, and it stays closed after an appointment is granted (2-1-201(a)(iii)). A case opened in another state does not close it, but the affidavit has to name that personal representative and the court and title of that proceeding. · W.S. 2-1-201 (payment of indebtedness and delivery of tangible personal property or instruments evidencing debt), W.S. 2-1-202 (effect; refusal to pay, deliver), W.S. 2-1-204 (collection of claims of certain creditors by affidavit), W.S. 2-1-205 (summary procedure for distribution of personal or real property), W.S. 2-1-209 ("distributee" defined), W.S. 2-11-201 (probate of estates of nonresidents), W.S. 18-3-402(a)(xvi) (county clerk recording fees), W.S. 31-3-102(a)(vii) (certificate of title fee), W.S. 31-2-104.1 (vehicle transfer on death), W.S. 2-18-103 (transfer on death deeds), and W.S. 35-1-428 (death certificate fees).

Limits change: several states index them to inflation or update on a set schedule, so the linked state guide carries the effective date. A dollar figure alone does not mean an affidavit fits, since some states use a court-supervised procedure at the same value.

What a small-estate procedure usually does

A small-estate procedure is a simplified transfer path for less involved estates. The usual goal is the same: allow heirs or beneficiaries to collect certain assets without going through a full formal probate administration. In the cleanest version, the heir presents a sworn affidavit and supporting documents directly to a bank or other asset holder. In other states, the simplified path still involves a court filing, but it is narrower, cheaper, and faster than formal probate.

The reason this matters is that a simplified procedure can dramatically reduce delay and filing burden, but only if the estate truly fits the state rules. If the estate includes the wrong asset mix, unresolved debts, heir disputes, or property types the simplified path does not cover, you lose time by forcing the wrong route.

The five questions that decide whether a small-estate shortcut fits

Estates that usually fit vs. estates that usually do not

Why real estate changes the answer

Real estate is where many families get tripped up. A state may offer a small-estate affidavit for personal property but still require a separate real-estate procedure, a summary court filing, or full probate to move title. That means an estate that looks “small” in everyday language may still fail the simplified route if a house or land is involved.

If the estate includes a vehicle, bank accounts, or other titled assets, pair this page with the vehicle transfer guide and the bank-account transfer guide so you can match the transfer method to the asset type.

Use the assessment before you rely on the shortcut

The fastest way to misuse a small-estate procedure is to assume the estate is small before you sort out what assets are probate assets and whether a different transfer rule already applies. The safer sequence is:

Related probate resources

Official sources we use

• Cornell Law School Wex definition of probate
• IRS Publication 559 for survivors, executors, and administrators
• CFPB guide to managing someone else's money
• California Courts self-help: small estate affidavit to transfer personal property