Small Estate Affidavit Limits by State
If the estate falls under your state’s limit, a form can replace the whole probate case. The limit ranges from $15,000 to $400,000 depending on where you are.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Why the Number Matters So Much
Falling under the limit is usually the difference between filling in a form and running a court case for the better part of a year. The spread between states is enormous — RI sets it at $15,000 while WY allows $400,000, with a median of $75,000 across the 43 jurisdictions we have verified. An identical estate is a routine affidavit in one state and full administration one border away.
Two details decide more cases than the headline figure. Real property is usually excluded from the affidavit procedure, so a modest house can push an otherwise small estate into formal probate — though several states provide a separate limit and a longer wait for land. And every state imposes a waiting period after the death, commonly 30 to 45 days. Both are noted per state below.
| State | Limit |
|---|---|
| Alaska | $50,000 Alaska's affidavit for collection of personal property (AS 13.16.680) requires the entire estate, less liens, to consist only of: (a) registered vehicles totaling no more than $100,000, and (b) all other personal property not exceeding $50,000 (the two caps are separate and both apply). Alaska Stat. § 13.16.680(a) · as of 2026-09-01 |
| Arkansas | $100,000 Arkansas's collection-of-small-estates procedure (Ark. Code Ann. § 28-41-101) applies when the value, less encumbrances, of all property owned by the decedent at death — excluding the homestead and statutory spousal/minor-children allowances — does not exceed $100,000, and at least 45 days have elapsed since death. Ark. Code Ann. § 28-41-101(a)(1) · as of 2026-09-01 |
| California | $208,850 California's affidavit for collection, receipt, or transfer of personal property (Prob. Code §§ 13100–13101) applies where the gross value of the decedent's real and personal property in California (excluding certain compensation owed to decedent and property subject to a § 13151 petition) does not exceed a statutory figure adjusted every … Cal. Prob. Code §§ 13100, 13101, 890 · as of 2025-04-01 |
| Colorado | $88,000 Colorado's collection-of-personal-property-by-affidavit procedure (C.R.S. § 15-12-1201) applies where the total fair market value of all property subject to disposition by will or intestate succession, wherever located and less liens/encumbrances, does not exceed a year-of-death ceiling that is adjusted annually for inflation (twice the a … Colo. Rev. Stat. § 15-12-1201 · as of 2026-04-28 |
| Connecticut | $40,000 Up to $40,000 aggregate value of the decedent's solely owned tangible and intangible personal property (excluding property passing outside probate by operation of law) may be settled via affidavit without probate of will or letters of administration — but ONLY if the decedent had no solely owned real property in Connecticut. Conn. Gen. Stat. § 45a-273 · as of 2026-09-01 |
| District of Columbia | $80,000 Estates valued at $80,000 or less may be administered as a small estate. This amount was raised from $40,000, effective March 21, 2025, via D.C. Law 25-302, § 4(n). D.C. Code § 20-351 · as of 2026-09-01 |
| Delaware | $50,000 Up to $50,000 in personal estate value (excluding property described in 12 Del. C. § 1901(b)-(c) and jointly owned property) may be distributed without a grant of letters, 30 days after the decedent's death. Threshold was raised from $30,000 to $50,000 by 85 Del. Laws, c. 281, § 1 (2026). 12 Del. C. § 2306 · as of 2026-09-01 |
| Florida | $150,000 For deaths on or after July 1, 2026: summary administration is available if the value of the entire estate subject to administration, less property exempt from creditor claims (e.g., protected homestead), does not exceed $150,000 — OR regardless of value if the decedent has been dead more than 2 years. Fla. Stat. § 735.201 · as of 2026-09-01 |
| Georgia | See note Georgia has no dollar threshold for its simplified small-estate procedure. Instead, an heir may petition for an order declaring "no administration necessary" when the decedent died INTESTATE, all debts are paid (or creditors consent/are served), and all heirs sign a notarized agreement on how to divide the property — available regardless … O.C.G.A. § 53-2-40 · as of 2026-09-01 |
| Hawaii | $100,000 Personal property may be collected by affidavit if the gross value of the decedent's estate in Hawaii does not exceed $100,000 (motor vehicles excluded from the cap regardless of value) and no real property requires probate. Affidavit may not be used until at least 30 days have passed since the decedent's death. Haw. Rev. Stat. § 560:3-1201 · as of 2026-09-01 |
| Iowa | $50,000 True small-estate AFFIDAVIT (no court administration at all, Iowa Code § 633.356): personal property only, gross value $50,000 or less, and no real property (for deaths before Jan 1, 2025, real property passing exempt as joint-tenancy-with-survivorship does not disqualify the estate); 40-day waiting period after death. Iowa Code § 633.356(1), (3)(a)(2); cf. Iowa Code § 635.1 · as of 2026-01-01 |
| Idaho | $100,000 $100,000 (fair market value of the entire probate estate, less liens and encumbrances). A 30-day waiting period after the decedent's death is required before the affidavit may be used. Statute title covers both the affidavit procedure and a separate summary administration option, but the affidavit dollar cap itself is $100,000. Idaho Code § 15-3-1201(a)(1)-(2) · as of 2026-07-01 |
| Illinois | $150,000 $150,000 (gross value of the decedent's personal estate, excluding motor vehicles registered with the IL Secretary of State, which may be transferred by affidavit regardless of value) — applies to decedents dying on or after August 15, 2025 (Public Act 104-0346). The prior $100,000 cap applies to deaths before that date. 755 ILCS 5/25-1(a)(6)(a) · as of 2025-08-15 |
| Indiana | $100,000 $100,000 for decedents dying after June 30, 2022 (increased from $50,000, which applied to deaths between July 1, 2006 and June 30, 2022; $25,000 applied to deaths before July 1, 2006). Waiting period: 45 days after death. Ind. Code § 29-1-8-1(a), (b)(1) · as of 2024-01-01 |
| Kansas | $75,000 $75,000 (total assets of the estate subject to probate). Raised from $40,000 effective July 1, 2023; statute's amendment history also lists a 2024 revision (L.2024, ch.35, §2). K.S.A. 59-1507b(a) · as of 2026-09-01 |
| Kentucky | See note Kentucky does NOT use a fixed-dollar small-estate threshold. Under KRS 395.450-395.470 ('dispensing with administration'), as most recently amended (2026 Ky. Acts ch. 134, effective July 15, 2026), the court may dispense with administration only where: (a) the surviving spouse's/children's statutory exemption under KRS 391.030, alone or t … KRS 395.450; KRS 395.455; KRS 395.470 · as of 2026-07-15 |
| Louisiana | $200,000 $200,000 or less (gross value at date of death) qualifies as a small succession for a decedent domiciled in Louisiana. A lower $125,000 threshold applies to an ancillary succession (Louisiana property of a nonresident decedent). An estate of any value qualifies once at least 20 years have passed since the date of death. La. Code Civ. Proc. art. 3421 · as of 2026-09-01 |
| Maryland | $50,000 $50,000 or less (Maryland property, valued as of date of death) qualifies for small-estate administration. The threshold rises to $100,000 or less when the surviving spouse is the sole heir or legatee. Md. Code, Estates and Trusts § 5-601 · as of 2026-09-01 |
| Maine | $40,000 Base statutory threshold is $40,000 (entire estate value, wherever located, less liens and encumbrances), but the figure is adjusted annually for inflation under 18-C M.R.S. 18-C M.R.S. § 3-1201(1)(A) · as of 2026-09-01 |
| Minnesota | $75,000 $75,000 or less (entire probate estate value, less liens and encumbrances) qualifies for the small-estate affidavit procedure. The affidavit may only be used 30 days or more after the decedent's death, must be accompanied by a certified death record, and requires that no application or petition for appointment of a personal representative … Minn. Stat. § 524.3-1201 · as of 2026-09-01 |
| Missouri | $40,000 Up to $40,000 (value of the entire estate less liens, debt, and encumbrances). At least 30 days must have elapsed since death, and a bond equal to the value of the personal property must be filed and approved. If the property value exceeds $15,000, published notice to creditors is required. Mo. Rev. Stat. § 473.097 · as of 2026-09-01 |
| Mississippi | $75,000 Up to $75,000 (personal property only; decedent must have had no real property). Threshold was raised from $50,000 by S.B. 2850 (2024). Successor must wait at least 30 days after the date of death before presenting the affidavit. Miss. Code Ann. § 91-7-322 · as of 2026-09-01 |
| Montana | $100,000 Up to $100,000 (probate estate value, less liens and encumbrances). Raised from $50,000 by 2019 amendments. At least 30 days must have elapsed since death, and no personal representative may have been appointed. Mont. Code Ann. § 72-3-1101 · as of 2026-09-01 |
| North Carolina | $20,000 North Carolina allows collection of a decedent's personal property by affidavit when the personal property, less liens and encumbrances, does not exceed $20,000 in value, at any time after 30 days from the date of death (G.S. 28A-25-1 for intestate decedents; G.S. 28A-25-1.1 applies the same thresholds when the decedent died testate). N.C. Gen. Stat. § 28A-25-1; § 28A-25-1.1 · as of 2026-09-01 |
| North Dakota | $50,000 North Dakota allows a small estate affidavit when the value of the entire estate subject to distribution, wherever located, less liens and encumbrances, does not exceed $50,000, and at least 30 days have elapsed since the decedent's death before the affidavit is presented. N.D. Cent. Code § 30.1-23-01 · as of 2026-09-01 |
| Nebraska | $100,000 Up to $100,000 for personal property (value of all personal property, wherever located, less liens and encumbrances). Raised from $50,000. A separate, lower threshold applies to real property under Neb. Rev. Stat. § 30-24,129. Neb. Rev. Stat. § 30-24,125 · as of 2026-09-01 |
| New Jersey | $50,000 New Jersey uses a two-tier affidavit system: up to $50,000 for a surviving spouse, civil-union partner, or domestic partner (N.J.S.A. 3B:10-3), and up to $20,000 for other heirs when there is no surviving spouse/partner (N.J.S.A. 3B:10-4). Of the spouse's $50,000, up to $10,000 may be released to the spouse free of the decedent's debts. N.J. Stat. Ann. § 3B:10-3; § 3B:10-4 · as of 2026-09-01 |
| New Mexico | $50,000 New Mexico allows collection of a decedent's personal property by affidavit when the value of the entire estate, less liens and encumbrances, does not exceed $50,000, and at least 30 days have elapsed since death. This threshold was raised from $30,000 to $50,000 by a 2011 amendment effective January 1, 2012. N.M. Stat. Ann. § 45-3-1201 · as of 2026-09-01 |
| New York | $50,000 New York defines a 'small estate' eligible for the simplified Voluntary Administration procedure as one where the decedent's personal property has a gross value of $50,000 or less, excluding property set off as exempt for a surviving spouse/minor children under EPTL 5-3.1(a). N.Y. Surr. Ct. Proc. Act Law § 1301 · as of 2026-09-01 |
| Ohio | $35,000 Ohio allows an estate to be released from administration (a simplified court-approved procedure, not an out-of-court affidavit) when total assets are $35,000 or less. The threshold rises to $100,000 when the decedent's will leaves the entire estate to a person named in the will as the decedent's spouse who survives, or under the parallel … Ohio Rev. Code Ann. § 2113.03 · as of 2026-09-01 |
| Oklahoma | $50,000 Small Estate Affidavit under 58 Okla. Stat. § 393 allows collection of Oklahoma property (fair market value, less liens/encumbrances) up to $50,000, filed at least 10 days after death, provided no probate proceeding is pending or granted in any jurisdiction. As of the 2025 codification. 58 Okla. Stat. § 393 · as of 2026-09-01 |
| Oregon | $75,000 Oregon's simple/small estate affidavit (ORS 114.505-114.560) requires BOTH caps to be met simultaneously: not more than $75,000 of fair market value attributable to personal property (excluding manufactured homes), AND not more than $200,000 attributable to the combined fair market value of real property and manufactured homes. Or. Rev. Stat. § 114.510 · as of 2026-09-01 |
| Pennsylvania | $50,000 Pennsylvania's small estate procedure is not a self-executing affidavit but a petition to the Orphans' Court division under 20 Pa.C.S. § 3102: gross value not exceeding $50,000, excluding real estate and property payable under § 3101 (family/funeral-director payments), but including property claimed as the family exemption. 20 Pa. Cons. Stat. § 3102 · as of 2026-09-01 |
| Rhode Island | $15,000 Rhode Island uses 'summary probate', not an affidavit: available only if the estate consists ENTIRELY of personal property (real estate disqualifies it) with total value not exceeding $15,000, exclusive of tangible personal property. A statement is filed with the probate court after 30 days from the date of death. R.I. Gen. Laws § 33-24-1 · as of 2026-09-01 |
| South Carolina | $45,000 Under S.C. Code § 62-3-1201, collection of personal property by affidavit is available once the entire probate estate (property passing by will plus intestacy), wherever located, less liens/encumbrances, does not exceed $45,000, and at least 30 days have elapsed since death, with no personal-representative proceeding pending/granted elsew … S.C. Code Ann. § 62-3-1201 · as of 2026-09-01 |
| South Dakota | $100,000 Under S.D. Codified Laws § 29A-3-1201, collection of personal property by affidavit is available once the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000; 30 days must have elapsed since death; no personal-representative proceeding pending or granted in any jurisdiction; and the decedent … S.D. Codified Laws § 29A-3-1201 · as of 2026-09-01 |
| Tennessee | $50,000 Tennessee's Small Estate Probate Act allows administration by affidavit/limited letters when the probate estate (personal property only; real property and non-probate assets excluded) does not exceed $50,000. There is no separate real-property-inclusive threshold under this chapter. As of 2026 statute stand (enacted by Acts 2023, ch. Tenn. Code Ann. § 30-4-102(9) · as of 2026-09-01 |
| Texas | $75,000 The distributees of an intestate decedent's estate may collect the estate by small estate affidavit if estate assets, excluding homestead and exempt property, do not exceed $75,000 after subtracting known liabilities (excluding those secured by homestead/exempt property). Tex. Est. Code § 205.001 · as of 2026-09-01 |
| Utah | $100,000 Thirty days after death, a small estate affidavit lets a successor collect the decedent's tangible personal property, instruments, and (per subsection (3)) title to up to four vehicles/boats/trailers if the value of the entire estate subject to administration, less liens and encumbrances, does not exceed $100,000. Utah Code § 75-3-1201(1) · as of 2026-09-01 |
| Virginia | $75,000 Under the Virginia Small Estate Act, any person owing a debt to, or holding a small asset of, a decedent must pay/deliver it to a successor upon a small estate affidavit if the value of the decedent's entire personal probate estate (wherever located) as of the date of death does not exceed $75,000, at least 60 days have elapsed since deat … Va. Code Ann. § 64.2-601(A)(1) · as of 2026-09-01 |
| Vermont | $45,000 Vermont's small estate procedure (a simplified probate opening, not a pure non-court affidavit) applies when a decedent's estate has a fair market value of not more than $45,000.00 and consists entirely of personal property (a time-share estate may also qualify). 14 V.S.A. § 1901(a) · as of 2026-09-01 |
| Washington | $100,000 A successor may collect the decedent's personal property (not real property) by affidavit, without opening probate, if the value of the decedent's entire estate subject to probate (excluding the surviving spouse's/domestic partner's community property interest), wherever located and less liens/encumbrances, does not exceed $100,000. Rev. Code Wash. § 11.62.010(1) · as of 2026-09-01 |
| Wisconsin | $50,000 Wisconsin's Transfer by Affidavit (the actual small estate affidavit procedure) applies when the decedent's property subject to administration in Wisconsin does not exceed $50,000 in gross value (Wis. Stat. § 867.03(1g)). Wis. Stat. § 867.03(1g) · as of 2026-09-01 |
| West Virginia | $50,000 West Virginia's Small Estate Affidavit (W. Va. Code § 44-1A-2) applies only to 'small assets' — probate personal property — with an aggregate fair market value not exceeding $50,000. W. Va. Code § 44-1A-2 · as of 2026-09-01 |
| Wyoming | $400,000 Wyoming's small estate affidavit threshold was raised from $200,000 to $400,000 by 2025 Wyoming Senate Enrolled Act No. 85 (SF0104), effective July 1, 2025, amending W.S. 2-1-201(a)(i). The affidavit may not be presented earlier than 30 days after the decedent's death. Wyo. Stat. § 2-1-201(a)(i) · as of 2025-07-01 |
43 of 51 jurisdictions shown. Median limit $75,000, from $15,000 in RI to $400,000 in WY. A missing state does not mean there is no rule — it means our source check did not clear that entry yet, and we would rather leave it blank than print a number we cannot back. Figures change when legislatures amend them; each row carries its own date.
If You Are Over the Limit
Formal administration follows, and what it costs depends on which system your state uses. Only a handful set attorney fees by statutory percentage; in the rest the fee is whatever the court approves as reasonable, which is a very different negotiation. See probate lawyer cost by state.
Common Questions
What is a small estate affidavit?
A sworn statement that lets an heir collect a deceased person's property directly from a bank, employer or other holder, without opening a formal probate case. Where it is available it replaces months of court administration with a form and, usually, a short waiting period after death.
How high is the limit?
It depends entirely on the state. Across the 43 jurisdictions we have verified the median is $75,000, running from $15,000 in RI to $400,000 in WY — a twentyfold spread. This is why a national figure is useless.
Does real estate count towards the limit?
Usually not, and that is the detail people miss. Many states limit the affidavit to personal property and exclude real property entirely, while a few provide a separate, higher limit for land under its own procedure and a longer waiting period. Each row notes which applies.
How long do I have to wait after the death?
Most states impose a waiting period before the affidavit can be used — commonly 30 to 45 days, occasionally longer, and some states require six months where real property is involved. The waiting period for each state is noted in its entry.
Do the limits change?
Yes, and some change every year. Alabama's figure is tied to a consumer price index formula and is republished annually; Arizona raised its limits substantially in 2025. Each row carries its own as-of date for that reason.
What if the estate is over the limit?
Then formal administration is normally required, and the cost of that depends on whether your state sets attorney fees by statutory percentage or by reasonableness review. That is set out on our probate lawyer cost page.
Why are some states missing?
Their entry has not cleared our source check — the official site was unreachable, or the quoted text could not be found in the archived source. A blank means unverified, not unavailable. We publish the gap rather than a number we cannot back.
Sources: the probate code of each state, cited row by row. General information, not legal advice. Settlement Insight is not a law firm and does not represent any party.