Many charts online still show old numbers. Check the figure that applies to the date of death.

Estimate your total and see your state’s figure →

Bank refused your affidavit? Go straight to what to do →

• What counts
• 2025–2026 changes
• All 51 states
• Real estate
• If there's a will
• Waiting periods
• Bank refused
• Your liability

State figures verified October 20, 2026. Limits change, so confirm with your state court before you sign.

What Is Considered a Small Estate?

A small estate is one whose probate assets fall at or under your state’s dollar limit, which lets family collect the property with a sworn form or a lighter court filing instead of full probate.

The tool goes by many names: small estate affidavit, affidavit for collection of personal property, transfer by affidavit, summary administration, voluntary administration, small succession in Louisiana, release from administration in Ohio, and Limited Letters in Tennessee.

There are two families. In some states you hand a sworn affidavit straight to the bank, as in California, Colorado, Illinois and Washington. In others you go through a lighter court process, as in Florida, Alabama, Tennessee, and Texas, where a judge approves the affidavit.

A small estate affidavit lets you avoid probate only for the property it covers. It doesn’t make debts disappear, and it doesn’t replace the probate process for anything over the limit.

What Changed in 2025 and 2026

More than a dozen states raised their figures in 2025 or 2026, and several doubled, so a chart older than 2025 is probably wrong for your state.

Arizona went from $75,000 to $200,000 for personal property. Wyoming doubled to $400,000. Florida doubled its summary administration figure to $150,000 on July 1, 2026. Delaware, Iowa and Illinois also rose.

California did not change in 2026. It is $208,850 for deaths on or after April 1, 2025. Some websites show $239,700, but the Judicial Council’s published list says the next adjustment is April 1, 2028.

Many states use the date of death, including California, Wyoming, Delaware and Illinois. Arizona and Texas look at the date of the affidavit. For Florida, Iowa, Louisiana, North Dakota, Nevada and Virginia, the law or the sources leave earlier deaths unclear, so ask before you rely on a newer, higher figure.

Some states adjust automatically: Alabama, California (every three years), Colorado, Maine and Michigan. For those, use the figure for the year of death.

What Counts Toward the Limit — and What Doesn’t

Only property in the person’s name alone counts toward the limit, so accounts with a named beneficiary, joint accounts with survivorship, and trust assets usually pass outside probate and don’t count.

Some states measure the estate net of liens, such as Arizona, Colorado and Washington. Others use gross value, such as California and Louisiana. Value everything as of the date of death.

Some property is exempt. Texas leaves the homestead and exempt property out of its $75,000. Florida generally leaves homestead out of its $150,000.

Insurance and unclaimed money are common blind spots. See how to find a deceased person’s life insurance and how to find unclaimed money.

How Much Can an Estate Be Without Probate? All 51 Jurisdictions

The limits run from about $15,000 to $400,000, so look up your state below and then confirm with your state court.

On a phone, open a group and then your state. On a larger screen, the full table is below. Statute references are for the procedure named in each row.

Small estate affidavit Texas

Texas allows a small estate affidavit for estates of $75,000 or less, not counting the homestead and exempt property. The affidavit is filed with the probate court and a judge approves it. It can't be used if there is a will, you wait 30 days, and the estate is measured on the date of the affidavit.

Small estate affidavit California

California's limit is $208,850 for deaths on or after April 1, 2025. There is no 2026 change, and the next adjustment is April 1, 2028. You wait 40 days, and the personal property affidavit isn't filed with a court. Real estate uses separate routes.

Small estate affidavit Illinois

Illinois allows a small estate affidavit for a personal estate of $150,000 or less for deaths on or after August 15, 2025. It was $100,000 before. Registered vehicles are left out of the count, and the statute sets no waiting period. The vehicle rule narrows for deaths on or after January 1, 2027.

Small estate affidavit Florida

Florida's $150,000 figure is for summary administration, which is a court process and not a bank affidavit. It took effect July 1, 2026, and applies with no value limit if the person died more than two years ago. Florida's affidavits are much smaller: $2,000 for bank funds and $20,000 for some intestate estates of personal property.

Small estate affidavit Arizona

Arizona's affidavit covers personal property up to $200,000, net of liens, after 30 days. Real estate has a separate affidavit up to $300,000 that is filed in court after six months. Both figures took effect September 26, 2025.

Small estate affidavit Indiana

Indiana allows an affidavit for a gross probate estate of $100,000 or less for deaths after June 30, 2022, less liens, encumbrances and reasonable funeral expenses. You wait 45 days and must notify the people named in the affidavit.

Small estate affidavit North Carolina

North Carolina allows collection by affidavit for small estates of $20,000, or $30,000 if the spouse is the sole heir, after 30 days. The affidavit is filed with the clerk of court. Our survey figure for this state has not yet been checked against the statute, so confirm with the court.

Small estate affidavit Tennessee

Tennessee no longer uses a simple affidavit. It uses a sworn petition for Limited Letters for personal property of $50,000 or less, after 45 days. The court clerk issues the letters, and real estate isn't part of it.

Small estate affidavit Ohio

Ohio handles small estates through a court process called release from administration. Our survey lists $35,000, or $100,000 if the spouse takes everything. Confirm the current figure and the process with the probate court.

Small estate affidavit Washington

Washington allows a small estate affidavit for a probate estate of $100,000 or less, less liens, after 40 days. You must give written notice to the other successors at least 10 days before using it and mail a copy to the Department of Social and Health Services. Real estate counts toward the limit but can't be transferred by the affidavit.

The Real Estate Trap

Real estate is where small estate rules differ most, so check your state’s pattern before you count on an affidavit to move a house.

Pattern 1: any real estate disqualifies the estate. Delaware, Iowa, Connecticut, Massachusetts, Michigan (for the affidavit), Rhode Island, West Virginia and Alabama work this way.

Pattern 2: excluded from the transfer, but counted. Indiana, Washington, North Dakota, Utah and South Carolina count the real estate toward the limit but can’t transfer it by affidavit. A few states, such as Illinois, Virginia and Pennsylvania, leave it out of the count too.

Pattern 3: a separate real-estate procedure. Arizona allows up to $300,000 after six months. California has a $69,625 affidavit with a six-month wait and a petition for the primary residence up to $750,000. Nebraska and South Dakota also have separate affidavits.

Pattern 4: the same procedure. Arkansas, Oregon, Wisconsin, New Jersey and Florida’s summary administration can include real estate. Texas allows only the homestead.

An affidavit of heirship is different from a small estate affidavit. It records who the heirs are so the county land records reflect it, and it doesn’t work the same way in every state.

Talk to a probate attorney before you transfer any real estate. For shared inheritances, see inheriting a house with siblings.

Do You Need Probate If There’s a Will?

A will does not keep an estate out of probate, and most states allow the small estate affidavit with or without one, but Texas, New Jersey’s affidavit track, and Georgia limit their shortcut to estates without a will.

A will only says who inherits. To collect the property you still need legal authority, and a small estate affidavit gives named heirs that authority for small amounts.

Most states allow the affidavit either way. Virginia expects the will to be filed with the circuit court, Iowa and Washington forms ask for it, and Louisiana uses separate forms for estates with a will.

Texas’s instructions say a small estate affidavit can’t be used if there is a will. New Jersey’s statute covers intestate estates, and Georgia’s court route is for estates without a will.

How Long After Death Can You File?

Most states make you wait 30 to 45 days after the death, but a handful have no wait and a few require 60 days or more.

Thirty days is the most common. California, Iowa, Nevada and Washington use 40, Arkansas, Indiana and Tennessee use 45, Michigan uses 28, and Colorado and Oklahoma use 10.

Hawaii, Kansas, Illinois, Louisiana and New York set no waiting period in the statute. D.C. and Virginia require 60 days. Real property in California and Arizona needs six months.

In Alabama and Connecticut, the clock runs from notice rather than from the date of death.

Many statutes set a minimum wait but no outer deadline for the affidavit. Other clocks can still run, including creditor claim deadlines, so don’t let it sit.

How to Use a Small Estate Affidavit, Step by Step

Gather the paperwork, total only what is in the person’s name alone, wait out the waiting period, and use your state court’s official form.

1. Get several certified copies of the death certificate.
2. List what the person owned and separate anything with a beneficiary, a joint owner, or a trust.
3. Total the rest at its value on the date of death. The calculator above can help.
4. Confirm that no probate case is open and find out whether there is a will.
5. Wait out your state’s waiting period.
6. Get your state court’s official form from its self-help center. Don’t use a generic form with an old figure.
7. Complete it carefully. You sign under penalty of perjury, and some states require a notary.
8. Give any required notices: to other heirs, and in some states to an agency. Alabama requires notice to Medicaid, Washington requires a copy to DSHS, and Wisconsin requires notice to the state.
9. File it with the court if your state requires that, or present it to the holder. Keep copies of everything.

If the Bank Says No

If a bank refuses your small estate affidavit, ask for the refusal in writing, find out why, and escalate to its estate services or legal department before you spend money on a lawyer.

First check whether the refusal is legitimate. Banks can have good reasons:

• The form is wrong or outdated.
• The waiting period isn’t over.
• A probate case is already open.
• The figures are over the limit.
• The account has a POD beneficiary, so it isn’t yours to collect under the affidavit.
• A notarization or court stamp is missing.

Other states have their own rules. Colorado makes a holder that refuses without reasonable cause liable for costs and attorney’s fees. D.C. and Iowa have similar fee rules. Utah lets a court award up to three times the property’s value plus fees. Wyoming awards fees if a holder withholds payment more than 45 days without just cause. Check your state’s statute.

In many states a bank that pays on a valid affidavit is discharged, as if it had paid a personal representative. That is why banks often ask for the right form: they want that protection.

Your Liability After You Sign

Signing is a sworn statement, and you stay answerable for what you received if a creditor, a later personal representative, or someone with a better claim comes forward, generally up to the value you received, with rules that vary by state.

Debts generally aren’t yours personally just because you’re related. But property you collect with the affidavit can be reached to pay the estate’s debts. See credit card debt after death.

Some forms also ask you to promise to indemnify the bank if someone else makes a claim. Read the form before you sign.

Several states link small estates to Medicaid estate recovery. Alabama requires notice to Medicaid, Washington requires a copy to DSHS, Wisconsin requires notice to the state, and Texas treats Medicaid recovery claims as debts of the estate. See can a nursing home take your house.

When a Small Estate Affidavit Is the Wrong Tool

A small estate affidavit is the wrong tool when there is a dispute, more debt than assets, property in another state, minor or missing heirs, or a probate case already open.

• Family members disagree about who gets what.
• The debts look larger than the assets.
• The person owned property in another state.
• An heir is a minor or can’t be found.
• Someone has already opened a probate case.
• Real estate needs to be transferred.

In those cases, talk to a probate attorney. See estate planning attorney. If you are planning ahead rather than settling an estate, see the estate planning guide.

Small Estate Affidavit vs. Summary Administration vs. Full Probate

An affidavit is the lightest option, summary administration is a middle court process, and full probate is the most involved.

Frequently Asked Questions

What is considered a small estate?

A small estate is one whose probate assets fall at or under your state's dollar limit. Only property in the person's name alone counts, so accounts with a named beneficiary, joint accounts with survivorship, and trust assets are usually left out.

How much can an estate be without probate?

It depends on the state, from about $15,000 in Rhode Island to $400,000 in Wyoming. Some states use a sworn affidavit, and others use a lighter court process. See the table above for your state.

What are the small estate affidavit limits by state in 2026?

More than a dozen states raised their figures in 2025 or 2026. Use the 51-jurisdiction table and the calculator above, and check the figure for the date of death.

Do bank accounts with a beneficiary count toward the limit?

Usually not. A POD or TOD account passes to the named beneficiary, who claims it directly from the bank.

Does life insurance count?

Life insurance with a named beneficiary usually doesn't count. If the policy is payable to the estate, it does.

Does a car count?

It depends on your state. Illinois and Hawaii leave registered vehicles out of the count, and many states have a separate DMV form for transferring a car.

Does a joint bank account go through probate?

Usually not. A joint account with survivorship belongs to the surviving owner, who can ask the bank to retitle it.

Can a small estate affidavit transfer a house?

Often not. Some states disqualify the whole estate if the person owned real estate, some can't transfer it by affidavit, and some have a separate real property procedure. See the real estate section, and talk to a probate attorney before moving a house.

Can I use a small estate affidavit if there's a will?

In most states, yes. Texas, New Jersey's affidavit track, and Georgia limit their shortcut to estates without a will. Virginia expects a will to be filed with the circuit court.

How long after death can I file?

Most states set a waiting period of 30 to 45 days, but a few have none and a few require 60 days or more. Many statutes set no outer deadline for the affidavit, but creditor deadlines and other clocks can still run, so don't let it sit.

Do I need a lawyer?

Not for a straightforward affidavit in most states, but talk to a probate attorney if there is a dispute, more debt than assets, property in another state, minor or missing heirs, or any real estate transfer.

Does it have to be notarized?

Many states and banks require it, and some forms say so. Iowa's statute doesn't require a notary, though many banks ask for one. Check your state's form.

Do I file it with a court?

It depends. Texas requires a judge's approval, New York and Massachusetts use court filings, and California, Colorado and Washington let you give the affidavit straight to the holder.

What if the bank won't accept it?

Ask for the refusal in writing, ask for the estate services or legal department, and check your state's remedy. See the bank section above.

Am I personally liable for the deceased person's debts?

Debts generally aren't yours just because you're related. But if you collect property with an affidavit, you generally stay answerable to creditors, a later personal representative, or someone with a better claim, usually up to the value you received. Rules vary by state.

What if I later find more assets and the total goes over the limit?

Stop and talk to a probate attorney. You swore to the value you knew about, and some states look at the value at any time since the death. You may need a court process.

Can I use a power of attorney instead?

No. A power of attorney ends at death and can’t be used to close the account. See power of attorney.

What's the Texas small estate affidavit limit?

$75,000, not counting the homestead and exempt property. A judge must approve the affidavit, and it can't be used if there is a will.

What's the California small estate limit in 2026?

$208,850 for deaths on or after April 1, 2025. There is no 2026 change, and the next adjustment is April 1, 2028. Some websites show a higher number, but the Judicial Council's published list says otherwise.

What changed in Florida in July 2026?

Chapter 2026-57 raised summary administration from $75,000 to $150,000, raised disposition without administration from $10,000 to $20,000 for intestate estates of personal property only, and raised the bank-funds affidavit from $1,000 to $2,000. Summary administration is a court process.

Sources

Official sources used for the figures above:

• Judicial Council of California, Probate Code 890 Adjusted Amounts
• Florida Senate, CS/HB 1337 summary (Chapter 2026-57)
• Louisiana Legislature, Act 293 (2026) digest
• Delaware, 85 Del. Laws ch. 281
• Iowa, House File 2660 (2026)
• Illinois, 755 ILCS 5/25-1
• Texas Estates Code chapter 205
• North Dakota, House Bill 1224 (2025)
• South Carolina, H.3472 (2025)
• D.C. Code § 20-361

For every other state, use that state’s statute and its court self-help page.

Last updated: October 20, 2026

This article is general information, not legal advice. State figures and procedures were verified on October 20, 2026 and change frequently. The affidavit is signed under penalty of perjury. Consult your state court self-help center or a probate attorney about your situation.