Home › Avoiding Probate › Small Estate Affidavit Limits by State
A small estate affidavit lets heirs collect a deceased person’s property without full probate — if the estate fits under the state’s dollar limit. Those limits range from a $15,000 base in Michigan to $208,850 in personal property plus a $750,000 primary residence in California.
- Highest thresholds: California ($208,850 + $750,000 real property), Arizona ($200,000 personal), Louisiana ($125,000), Indiana and Arkansas ($100,000)
- Most raised recently: Arizona, Nevada, Illinois, Wyoming, and D.C. all increased their limits in 2025
- Typical wait period: 30–45 days after death before the affidavit can be used; most states cover personal property only
Thresholds below are statute-cited and drawn from our fact-checked state guides; see methodology. Updated whenever a legislature moves a limit — see the update log.
Small Estate Thresholds in All 50 States + D.C.
| State | Small Estate Threshold & Procedure (2026) |
|---|---|
| Alabama | ~$37,075 (raised by HB164/SB106, effective October 1, 2025, adjusted annually by CPI) |
| Alaska | Personal property up to $50,000 + vehicles up to $100,000 (combined $150,000 max) — no probate required after 30-day waiting period |
| Arizona | ≤$200,000 (increased June 2025, HB 2116) |
| Arkansas | $100,000 (45-day wait) |
| California | $208,850 (personal property, effective April 2025) |
| Colorado | Inflation-adjusted to $86,000 for deaths in 2025 (up from $82,000 in 2024). |
| Connecticut | Under $40,000 with no solely-owned real property — Affidavit in Lieu of Probate (Form PC-212) |
| Delaware | Personal estates of $30,000 or less (no solely-titled real estate); 30-day waiting period after death |
| Florida | Available when non-exempt assets are $75,000 or less, OR decedent died more than 2 years ago (F.S. 735.201) |
| Georgia | No general affidavit — "no administration necessary" order (no dollar cap) or $15,000 bank-account affidavit (OCGA § 53-2-40; § 7-1-239) |
| Hawaii | Personal property ≤$100,000 (HRS 560:3-1201) |
| Idaho | Personal property valued at ≤$100,000 (30-day waiting period after death) |
| Illinois | Personal property ≤$150,000 (effective Aug 2025) — 755 ILCS 5/25-1 |
| Indiana | Estates under $100,000 (after liens and funeral expenses) — 45-day waiting period (IC 29-1-8-1) |
| Iowa | Personal property ≤ $50,000, no real property, 40+ days after death (Iowa Code § 633.356) |
| Kansas | ≤$75,000 (increased from $40,000 by HB 2130, 2023) |
| Kentucky | Personal property ≤$30,000 (KRS 395.455, Form AOC-830) |
| Louisiana | $125,000 or less (affidavit process — no court required) |
| Maine | Estates ≤$40,000 statutory base (~$63,800 inflation-adjusted); personal property only; 30-day waiting period |
| Maryland | Estates with assets $50,000 or less ($100,000 if surviving spouse is sole heir) qualify for simplified administration |
| Massachusetts | $25,000 plus one vehicle — voluntary administration (MGL c. 190B § 3-1201) |
| Michigan | $15,000 base, adjusted annually for inflation (MCL § 700.3983) |
| Minnesota | Estates ≤$75,000 in personal property (Minn. Stat. § 524.3-1201) |
| Mississippi | ≤ $75,000 personal property, no real property (§ 91-7-322) |
| Missouri | Estates under $40,000 (after debts/liens) — 30-day waiting period (RSMo 473.097) |
| Montana | Personal property up to $50,000 (30 days after death) |
| Nebraska | Personal property ≤$100,000 or real property ≤$100,000 |
| Nevada | $25,000 for general; $150,000 for surviving spouse (increased from $100,000) |
| New Hampshire | Estates ≤$10,000 (personal property; 30 days after death) |
| New Jersey | $50,000 (surviving spouse, no will) or $20,000 (next of kin, no will) |
| New Mexico | Raised small estate affidavit threshold from $30,000 to $50,000 (effective January 1, 2012). Comprehensive updates to UPC provisions. |
| New York | $50,000 or less in personal property qualifies for voluntary administration (no real property) |
| North Carolina | $20,000 personal property; $30,000 if the surviving spouse is sole heir (NCGS § 28A-25-1) |
| North Dakota | $50,000 (NDCC § 30.1-23-01) |
| Ohio | $35,000 release from administration; $100,000 when everything passes to the surviving spouse (ORC 2113.03) |
| Oklahoma | $50,000 (personal property only, 10+ days after death) |
| Oregon | Personal property ≤$75,000 and/or real property ≤$200,000 (ORS 114.505-114.560) |
| Pennsylvania | $50,000 or less (excluding real estate) — simplified settlement by petition |
| Rhode Island | Estates ≤$15,000 in personal property (no real estate) — voluntary informal administration after 30 days (R.I. Gen. Laws Chapter 33-24) |
| South Carolina | $25,000 (S.C. Code § 62-3-1201) |
| South Dakota | Personal property estates of $25,000 or less can transfer by affidavit — no probate required |
| Tennessee | Personal property ≤$50,000 (T.C.A. § 30-4-103), available 45 days after death |
| Texas | Available when assets (excluding homestead and exempt property) total $75,000 or less and decedent died intestate (Estates Code § 205.001) |
| Utah | Personal property up to $100,000 (30 days after death; vehicles/boats/trailers excluded from limit) |
| Vermont | Estates ≤$45,000 with no real estate (except timeshares) — expedited procedure under Rule 80.3 |
| Virginia | $50,000 small-asset affidavit, 60-day wait (Va. Code § 64.2-601) |
| Washington | Available when assets total $100,000 or less (RCW 11.62) |
| Washington, D.C. | $80,000 (raised from $40,000, effective March 2025) |
| West Virginia | $50,000 personal assets + $100,000 real property under the small-estate process (W. Va. Code § 44-1A-1) |
| Wisconsin | Solely owned property under $50,000 — avoids probate entirely (Section 867.03) |
| Wyoming | Personal property ≤$400,000 (increased from $200K, effective July 1, 2025 via SF0104) |
Each state links to our full guide with the affidavit procedure, wait periods, and forms. Several thresholds are inflation-indexed and change annually (Michigan, Colorado, Alabama, Maine among them).
How the Affidavit Works
In most states the process is: wait the statutory period (commonly 30–45 days after death), confirm no personal representative has been appointed, complete the state’s affidavit form swearing the estate falls under the limit, attach a certified death certificate, and present it to whoever holds the asset — the bank, the DMV, the transfer agent. No court appearance in most states. Real estate is usually excluded (California’s separate $750,000 real-property petition and West Virginia’s process are notable exceptions), and the affiant takes on liability for paying the decedent’s creditors from what’s collected.
Why the Threshold Matters for Planning
If an estate will clear its state’s limit, full probate — and much of the cost in our probate costs by state tables — never happens. That changes the living trust decision from cost-avoidance to convenience: for small estates, the trust’s case rests on incapacity planning, privacy, and real estate, not fees. For larger estates, the affidavit is irrelevant and the probate math takes over.
Methodology & Sources
Thresholds come from state statutes (cited inline) via our 51 state guides, each fact-checked against primary sources, supplemented by Justia’s 50-state small-estates survey and cross-validated where we hold primary statute text (e.g., Ohio’s ORC 2113.03). Where a state uses multiple procedures (affidavit, summary administration, release from administration), the table shows the dollar-capped procedure most families use.
Cite or Link This Page
Journalists, attorneys, and financial educators are welcome to cite this table with attribution:
Small Estate Affidavit Limits by State (2026), Family Estate Guide, https://familyestateguide.com/small-estate-affidavit/
Deep link: the 50-state table
Licensed under CC BY 4.0 — reuse, republish, or adapt this material, including commercially, with credit to Family Estate Guide and a link to this page. The license covers our compilation and analysis; underlying source data remains subject to its original terms.
Update Log
- August 2026 — Page published. Thresholds current to the August 2026 review, including the 2025 increases in Arizona, Nevada, Illinois, Wyoming, and D.C.
- August 2026 — Released under CC BY 4.0; reuse permitted with attribution.
Last updated: August 2026. Reviewed quarterly; thresholds change frequently — verify with your state’s guide before relying on a figure. Educational information, not legal advice.