A small estate affidavit, or ‘affidavit for collection of personal property‘, allows a rightful heir to claim a person’s estate if they did not make a will. A small estate affidavit allows the estate to bypass the probate process which involves going to court to figure out who gets what. If no one objects to the small estate filing, then the filing party will receive the assets and property of the estate, less any debts owed by the decedent.
Table of Contents
- Small Estate Affidavit Forms: By State
- State Requirements
- How a Small Estate Affidavit Works (6 Steps)
- Small Estate Affidavit vs Affidavit of Heirship
- Sample: Small Estate Affidavit
- How to Write
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
State Requirements
| State | Maximum Amounts ($) | Time to Wait After Decedent’s Death | Signing Requirements |
| Alabama | $25,000 | 30 days | |
| Alaska | $100,000 for vehicles, $50,000 for non-vehicles | 30 days | |
| Arizona | $75,000 | 30 days | |
| Arkansas | $100,000 | 45 days | Local Probate/Circuit Court Clerk |
| California | $166,250 | 40 days | Notary Public |
| Colorado | $70,000 | 10 days | |
| Connecticut | $40,000 | No Statute | |
| Delaware | $30,000 | 30 days | |
| Florida | $75,000 | No Statute | |
| Georgia | $10,000 | No Statute | |
| Hawaii | $100,000 | No Statute | Notary Public |
| Idaho | $100,000 | 30 days | Notary Public |
| Illinois | $100,000 | No Statute | Notary Public |
| Indiana | $50,000 | 45 days | Notary Public |
| Iowa | $200,000 | No Statute | |
| Kansas | $40,000 | No Statute | Notary Public |
| Kentucky | $30,000 | No Statute |
Notary Public |
| Louisiana | $125,000 | No Statute | |
| Maine | $40,000 | 30 days | |
| Maryland | $100,000 for spouse, $50,000 for descendants | No Statute | |
| Massachusetts | $25,000 | 30 days | |
| Michigan | $15,000, as adjusted by § 700.1210 | 28 days | |
| Minnesota | $75,000 | 30 days | |
| Mississippi | $75,000 | 30 days | |
| Missouri | $40,000 | 30 days | |
| Montana | $50,000 | 30 days | |
| Nebraska | $50,000 | 30 days | |
| Nevada | $100,000 for spouse, $25,000 for other claimants | 40 days | |
| New Hampshire | No Statutes | No Statutes | |
| New Jersey | $50,000 for spouse, $25,000 for heirs | No Statute | |
| New Mexico | $50,000 | 30 days | |
| New York | $30,000 | No Statute | |
| North Carolina | $20,000 | 30 days | |
| North Dakota | $50,000 | 30 days | |
| Ohio | $100,000 for spouse, $35,000 for other claimants | No Statute | |
| Oklahoma | $50,000 | 10 days | |
| Oregon | $275,000 ($75,000 for personal property, $200,000 for real property) | 30 days | |
| Pennsylvania | $50,000 | 60 days | |
| Rhode Island | $15,000 | 30 days | |
| South Carolina | $25,000 | 30 days | |
| South Dakota | $50,000 | 30 days | |
| Tennessee | $50,000 | 45 days | |
| Texas | $75,000 | 30 days | |
| Utah | $100,000 | 30 days | |
| Vermont | $45,000 | No Statute | |
| Virginia | $50,000 | 60 days | |
| Washington | $100,000 | 40 days | |
| West Virginia | $100,000 | No Statute | |
| Wisconsin | $50,000 | No Statute | |
| Wyoming | $500,000 | 30 days |
How a Small Estate Affidavit Works (6 steps)
- Step 1 – Wait the State Required Time-Period
- Step 2 – Calculate the Estate’s Value
- Step 3 – Gather Required Documents
- Step 4 – Complete the Small Estate Affidavit
- Step 5 – Contact Family Members (Heirs)
- Step 6 – File with the Probate Office
Step 1 – Wait the State Required Time Period
Every State requires that the family members wait a specified number of days before the small estate may be filed. Ranging from 15 to 60 days, the heirs can use this time to gather an itemized list of the decedent’s assets and property.
If the State does not have specific laws then contact the probate court where the decedent died.
Step 2 – Calculate the Estate’s Value
A small estate affidavit is for individuals that have died who did not own enough property or assets to qualify for probate under State laws (less any liens and encumbrances).
Step 3 – Gather Required Documents
The death certificate must be obtained (contact the Bureau of Vital Statistics or equivalent office) along with the title of all property owned by the decedent. For example, if a vehicle was owned by the decedent the Certificate of Title will be required.
Step 4 – Complete the Small Estate Affidavit
It is best to use the State-Specific Version as this will give the petitioner the best chance of it being accepted by the Probate Court Clerk’s Office. When completing, be sure to include an itemized list of all the assets and property of the decedent that will be transferred to the heirs.
When signing, the petitioner will be required to either sign the form in front of a notary public, witnesses, or both. The bottom of the small estate should have the signing requirements listed.
Step 5 – Contact Family Members (Heirs)
All heirs, family members, or anyone that could be considered entitled to the property must be made aware of the small estate filing. Therefore, the petitioner must contact them via Certified Mail with Return Receipt and keep the receipts as proof the individuals have been notified.
Step 6 – File with the Probate Office
Attached to the small estate affidavit, the petitioner should have all their documents together with the filing fee. If accepted, the clerk will take approximately 5 to 15 days to process and accept or reject the filing.
If accepted, the property and assets will be transferred and the process is complete.
Small Estate Affidavit vs Affidavit of Heirship
Affidavit of Heirship – Identifies the heirs to a decedent’s estate.
Small Estate Affidavit – Identifies the assets and debts of a decedent’s estate. The affidavit will include the names of the heirs if the affidavit of heirship is included in the form.
Sample Small Estate Affidavit
Download: Adobe PDF, MS Word, OpenDocument
How to Write
Download: Adobe PDF, MS Word, OpenDocument