Small Estate Affidavit Guide by State (2026)
The short answer. There is no single national small estate affidavit. Most states let a legally entitled successor collect a limited amount of a person's property without a full probate administration, but the name, the dollar limit, what counts toward it, whether real estate is included, and whether anything is filed in court all change from state to state. This page is for the person deciding whether they may sign one — an heir, a surviving spouse, or someone named executor who has not been appointed by a court. Your first action is to write down the state where the person was domiciled and the exact date of death, then open that state's entry below. Most of the rest can wait: several states make you wait 30 to 40 days from the date of death before the document may be used at all.
Eleven states are published below — Arizona, California, Florida, Georgia, Illinois, Michigan, New York, North Carolina, Ohio, Pennsylvania, and Texas. If the state you need is not one of them, what to do instead takes about ten minutes. You do not have to understand the whole process today; you need the state, the date, and the entry that matches them.
The names differ as much as the rules. Texas calls it a small estate affidavit; New York calls its version voluntary administration; Florida's is summary administration; Ohio's is release from administration; Georgia's has no dollar limit at all.
The threshold is one field among many, and rarely the deciding one. If you are looking for a small estate affidavit threshold by state, the number is where to start reading rather than where to stop. What decides eligibility is the state of domicile, the date of death, how each asset was titled, whether a probate case is already open, and who is legally entitled to receive the property.
Where to start
- Start by checking whether anything has to be transferred at all: if every asset had a named beneficiary, a surviving co-owner, or a payable-on-death or transfer-on-death registration, there may be no probate estate to collect and no procedure to use.
- Start with the self-help materials published by the courts of the state where the person was domiciled: in most states that is where the procedure name, current limit, and official form appear together, and it costs nothing.
- Start with the statute rather than a form if there is real property, because several states exclude real estate from the affidavit or route it to a separate petition with its own limit and wait.
- Start with the asset holder's requirements if all you need is one bank account or one vehicle title, because some states' procedures go to the institution rather than the court, and it adds its own document rules on top of the statute.
- Don't choose yet — pause and get professional review if debts may exceed the probate assets, if heirs disagree, if a minor or an heir you cannot locate is entitled to a share, or if title to real property is unclear.
Confirm the procedure, form, waiting period, and any hearing requirement with the clerk of the probate or surrogate's court in the county of domicile before anyone signs. Get a probate attorney licensed in that state, or an estate CPA, involved first if the estate may be insolvent, if anyone contests the distribution, or if property sits in more than one state.
This page is legal information, not legal advice. Estate Made Clear is not a law firm, a court, or a government agency, and nothing here says a particular estate qualifies.
On this page
- Check these facts before you look up a state
- Whose debts are these
- What counts as a small estate
- What to handle now, what can wait, and what applies only sometimes
- Small-estate procedures by state — Arizona · California · Florida · Georgia · Illinois · Michigan · New York · North Carolina · Ohio · Pennsylvania · Texas
- What to do after you find your state
- When a small-estate procedure may not fit
- Choosing the right kind of help
- How this page is verified and updated
- Questions people ask
Check these facts before you look up a state
Gather these five facts once, on paper, before comparing dollar amounts. They decide the answer more often than the number does.
| # | Fact to confirm | Why it changes the answer |
|---|---|---|
| 1 | State of domicile at death | Starts the analysis — not where you live |
| 2 | The exact date of death | Some states apply the limit in force at death, not at filing |
| 3 | Which assets stood in the person's name alone | Usually only those count |
| 4 | Whether a probate case is open or an appointment granted | Blocks several procedures outright |
| 5 | Who is claiming, and their relationship | Statutes set who may sign, and in what order |
Being named executor in a will is not authority. Until a court appoints you, or a statute gives a successor a direct right to collect, the bank, the plan, or the recorder need not deal with you. For which assets enter this calculation at all, see probate assets and the process.
A few words recur across states and mean different things. A successor or distributee is a person the statute says is entitled to receive the property, which is not always the person handling the arrangements. Intestate means the person died without a valid will and testate means there was one; two of the procedures below are open only to intestate estates. Exempt property and homestead are categories a state's own law protects for a surviving spouse or children, and several states remove them from the calculation — what each protects is set by that state, not by a general rule. Letters of office, letters testamentary, and letters of administration are the court's document appointing someone to act; several procedures below are blocked once letters exist. An orphans' court, surrogate's court, or probate court is the same layer of court under different state names. An ancillary process is a second, separate proceeding in another state where property sits.
Whose debts are these
These procedures move a person's property. They do not move a person's debts onto you, and the two questions are separate. Debts are not simply forgiven at death either — the accurate answer sits between those two ideas.
As a general rule, surviving relatives are not personally liable for what the person who died owed. Debts are claims against the estate, paid from estate assets in the order state law sets, and where the estate cannot cover them, most unsecured debt goes unpaid. The exceptions are real but narrow: you co-signed or guaranteed the obligation; you were a joint account holder; a community-property or family-expense rule in your state reaches the debt; or you take on liability yourself by distributing estate property before valid claims are paid.
That last exception is the one this page keeps returning to. Several of the procedures below make the person who signs personally answerable to creditors and heirs for what they hand out. That is a duty you accept by signing, not a debt you inherited by being related.
A collector may contact you to find out who is handling the estate. Under federal rules a collector may not say or hint that you are responsible for paying the debt with your own money, and if you are not the person administering the estate, they should not be discussing the debt with you at all. If a caller tells you otherwise, that is a reason to slow down and check, not a reason to pay.
Whether a specific debt reaches a specific person turns on the documents and on your state's law. If a collector is pressing you, or the estate looks like it owes more than it holds, that is a question for a probate attorney in the decedent's state before anyone signs or distributes anything.
What counts as a small estate
A dollar limit is not an eligibility test on its own.
The basis test. Before a number can tell you anything, four questions have to be answered about it: what does this state count, what does it leave out, as of what date is it valued, and which of the state's procedures am I measuring against? Those four questions are the basis test, and they are worth running before every dollar comparison on this page.
Threshold basis. States measure different things. California measures the gross value of the probate estate and expressly does not let you subtract debts or mortgages. Arizona measures personal property net of liens. Texas measures estate assets excluding the homestead and exempt property, and separately requires those assets to exceed known liabilities. Illinois leaves registered motor vehicles out of the calculation entirely. Michigan measures the gross estate after funeral and burial expenses are paid, and since 2024 subtracts indebtedness secured by real property from the value of that property, up to a statutory cap. Five states, five arithmetic rules for what looks like one question.
Date of death, not filing date. In California, the limit that applies is the one in force when the person died, across three tiers. In Illinois, the current $150,000 figure applies only to people who died on or after August 15, 2025; an earlier death is governed by the earlier law.
More than one procedure per state. Arizona, California, Florida, Michigan, and Ohio each run separate procedures with separate limits, conditions, and filing mechanics. Choosing the wrong one wastes a filing fee and, in some counties, cannot be corrected.
Sometimes there is no limit at all. Georgia's route turns on unanimous agreement among the heirs and the absence of unresolved debts rather than on a dollar figure. A state without a threshold is not a state without conditions.
Probate assets and non-probate assets
Most miscalculations start here. Only probate assets — property owned in the person's own name, with no surviving co-owner and no living beneficiary — normally count toward a small-estate limit, and only probate assets are what these procedures transfer. A will controls probate assets. It does not override a beneficiary designation, a payable-on-death registration, or a survivorship deed: those pass by contract or by title, outside the will and outside the court. Getting this wrong either way is costly. Count a joint account toward the limit and you may talk yourself out of a procedure you could have used; leave a solely owned brokerage account off the list and you may swear to a statement that is not accurate.
| Category | What it covers | Who has authority, and is the court involved | What it changes for timeline, cost, and accountability |
|---|---|---|---|
| Probate assets | Bank, brokerage, or other property in the sole name with no beneficiary; a solely owned vehicle or home; unpaid wages | A court-appointed personal representative, or a statutory successor where the state allows an affidavit; the court is involved unless the procedure goes straight to the holder | This is the property the limit measures and the procedure transfers; it sets whether you file, wait, and account to anyone |
| Joint ownership with survivorship | Real estate in joint tenancy or by the entirety; joint accounts with survivorship | The surviving co-owner, by operation of title; no court, no personal representative | Usually passes on proof of death; normally outside the limit, but confirm the deed or signature card actually created survivorship |
| Payable-on-death and transfer-on-death registrations | POD bank accounts, TOD brokerage accounts, TOD vehicle titles, TOD deeds where allowed | The named beneficiary, dealing with the institution or recorder | No court step and no waiting period from the estate procedure; normally outside the limit |
| Beneficiary-designated contracts | Life insurance, IRAs, 401(k) and other plans, annuities | The named beneficiary, under the contract and the plan's own claim process | Paid on the insurer's or custodian's timeline, not the court's; the will does not change who receives it; tax treatment is a separate question for a tax professional |
| Property held in a living trust | Anything retitled into the trust during life | The successor trustee, under the trust document; no probate appointment | Administered privately under the trust terms; normally outside the limit and outside these procedures |
Sometimes nothing needs to be filed at all
If every asset passed by beneficiary designation, survivorship, payable-on-death or transfer-on-death registration, or a funded living trust, there may be no probate estate to collect — no affidavit, no petition, no court, no waiting period. That is a legitimate outcome, not a shortcut, and it is more common than people expect. It appears as the first row of the comparison table below, alongside the procedures, because it is a real option and not the absence of one.
What it does not resolve is anything left in the sole name with no beneficiary — a car, a final paycheck, a tax refund, a forgotten account — or the estate's debts. If you cannot categorize an asset, if a deed or signature card may not actually have created survivorship, or if a trust may never have been funded, that is the point to ask a probate attorney in the decedent's state rather than to guess.
Verification status for this block: Verified with limitation. The categories are verified for the jurisdictions published below, where each state's statute or court guidance defines what its limit counts and excludes. Nationally the boundary is Partial: some states treat vehicles, wages, community property, or family-allowance property differently, and the controlling list is always the state's own statute. Where an entry below states no treatment, it is unverified. To keep the inventory and paperwork in one place, the executor checklist gives a broader phased tracker.
What to handle now, what can wait, and what applies only sometimes
Now. Identify the state of domicile and record the date of death. Order several certified death certificates. For the wider first-weeks sequence — certificates, notifications, and securing the property — see what to do when someone dies. List every asset with how it was titled and who was named as beneficiary. Secure and insure any property nobody is living in.
Soon. Open your state's entry below and read the eligibility conditions rather than the headline number. Confirm the official form and where it goes, and whether a waiting period applies and when it starts.
Later. Sign, file, or present the document once the wait has run. Collect the assets, pay valid claims in the order the state requires, distribute what remains, and keep copies.
Only if applicable. A court petition for real property. Formal probate. An ancillary process in a second state. Creditor work in an insolvent estate. Tax filings.
Your first official action: open the entry for the decedent's state below, follow the statute or court link inside it, then confirm the form, fee, and local practice with that county's clerk or with the institution holding the asset before signing. Clerks can say what a court requires; they cannot say whether your estate qualifies.
When to pause for qualified help: real property with unclear or disputed title; an estate that may not cover its debts; heirs who disagree; a minor, an incapacitated person, or an heir who cannot be found; property in more than one state; threatened litigation; a possible tax filing; or uncertainty about who may sign.
Small-estate procedures by state
A state entry is published only after every consequential field in it has been checked against the current statute, court rule, or official form. Entries appear as they are verified, so this section is incomplete by design. A missing state is not a statement that the state has no procedure.
Compare the published procedures at a glance
As of August 3, 2026. Eleven jurisdictions and seventeen procedures, plus the two options that apply everywhere: no administration at all, and full probate. Use this table to find your state and your route; use the full entry below it before you act on anything.
| Jurisdiction | Procedure and statute | Limit and what it counts | Real property | Waiting period | Court-filed or presented to the holder |
|---|---|---|---|---|---|
| Every state | No administration needed — no statute applies | No limit, because no probate estate is being measured. Applies where every asset passed by beneficiary designation, survivorship, POD or TOD registration, or a funded trust | Passes by title or deed outside any estate procedure | None | Neither — each asset is claimed from the institution or recorder holding it |
| Every state | Full probate administration — the route when no simplified procedure fits | No limit, because this is what applies when the estate is over the threshold or fails a condition | Included | Set by state law and by the court | Court-filed, with a personal representative appointed and letters issued |
| Arizona | Collection of personal property by affidavit, A.R.S. § 14-3971(B) | $200,000 — all personal property, wherever located, less liens, at date of death | Not covered | 30 days after death | Presented to the holder |
| Arizona | Affidavit of succession to real property, A.R.S. § 14-3971(E) | $300,000 — Arizona real property, less liens, from assessment rolls for the year of death | This is the real-property route | Six months after death | Court-filed |
| California | Affidavit for collection of personal property, Prob. Code §§ 13100–13101 | $208,850 for deaths on or after April 1, 2025 — gross probate estate, no debt subtraction | Not covered | 40 days after death | Presented to the holder |
| California | Petition to determine succession to a primary residence, Prob. Code §§ 13151–13154 | $750,000 for deaths on or after April 1, 2025 — gross value of the California primary residence | The main home in California only | 40 days after death, plus court scheduling | Court-filed |
| California | Affidavit re real property of small value, Prob. Code § 13200 | $69,625 for deaths on or after April 1, 2025 — gross value of California real property, excluding § 13050 property | Real property of small value | Six months after death | Court-filed, then recorded |
| Florida | Summary administration, Fla. Stat. § 735.201 | $75,000 — the estate subject to Florida administration, less creditor-exempt property; or the person has been dead more than two years | Within the procedure where the test is met | None stated | Court-filed |
| Florida | Disposition without administration, Fla. Stat. § 735.301 | No fixed cap — exempt personal property plus non-exempt personal property no greater than preferred funeral and last-illness expenses | Personal property only | None stated | Court-filed, informally |
| Georgia | Order declaring no administration necessary, O.C.G.A. § 53-2-40 et seq. | No dollar limit — turns on unanimous heir agreement and resolved debts | Within the procedure; the order vests title | None stated | Court-filed |
| Illinois | Small estate affidavit, 755 ILCS 5/25-1 | $150,000 for deaths on or after August 15, 2025 — the entire personal estate, excluding vehicles registered with the Secretary of State | Not covered | None stated | Presented to the holder |
| Michigan | Affidavit of decedent's successor, MCL 700.3983 | Threshold set by a statutory base of $50,000 plus an annual Treasury adjustment; the current adjusted figure is not published here — estate value less liens and encumbrances | Not covered | 28 days after death | Presented to the holder |
| Michigan | Petition and order for assignment, MCL 700.3982 | Same base and same annual adjustment — gross estate after funeral and burial expenses, less indebtedness secured by real property up to $250,000 | Can be within the procedure | None stated | Court-filed |
| New York | Voluntary administration, SCPA article 13 | $50,000 or less — gross personal property, excluding EPTL 5-3.1(a) set-off property | Excluded | None stated | Court-filed |
| North Carolina | Collection of property by affidavit, G.S. §§ 28A-25-1 and 28A-25-1.1 | $20,000, or $30,000 for a surviving spouse taking everything — personal property less liens | Not transferred, but must be described | 30 days after death | Court-filed, then presented to the holder |
| Ohio | Release from administration, R.C. § 2113.03 | $35,000, or $100,000 where a surviving spouse takes the entire estate — the assets of the estate | Can be within the procedure | None stated | Court-filed |
| Ohio | Summary release from administration, R.C. § 2113.031 | The lesser of $5,000 or the funeral and burial expenses; a higher spousal figure tied to the § 2106.13 support allowance | Requires a certificate-of-transfer application if included | None stated | Court-filed |
| Pennsylvania | Settlement of small estates on petition, 20 Pa.C.S. § 3102 | $50,000 — gross value excluding real estate and § 3101 payments, including family-exemption personal property | Excluded from the calculation and not transferred | None stated | Court-filed |
| Texas | Small estate affidavit, Tex. Est. Code ch. 205 | $75,000 — estate assets excluding homestead and exempt property, valued at the date of the affidavit | Homestead only, in a narrow case | 30 days after death | Court-filed |
Each row above reads: jurisdiction · procedure and statute · limit and what it counts · real property · waiting period · court-filed or presented to the holder.
The full-probate row has no entry below it: this page covers the simplified routes, and how probate works covers the one it routes to.
How to read these entries
Four kinds of statement appear in these entries and they do not carry the same weight. State law is the statute itself, and it applies statewide. Court practice is what a particular court or county does, which the statute may not control and which the clerk can confirm. Institution policy is a bank's or transfer agent's own requirement, which sits on top of the law rather than replacing it. Editorial guidance is Estate Made Clear's reading, labelled as such wherever it appears. Where a field says not published here or not verified, treat it as absent rather than as reassurance.
Every entry carries the same fourteen fields in the same order. Where a field does not apply or could not be closed from an official source, the row says so rather than being left out. Status uses one of six labels — Verified, Verified with limitation, Partial, Blocked, Not applicable, Superseded — and an entry marked Partial or Blocked cannot support a decision.
On county variation. In every court-filed route below, the filing fee, the local form version, and whether the court holds a hearing are set at county level, not by the statute. Two counties in the same state can handle the identical procedure differently. That is the one thing on this page you cannot look up here, and it is the reason every entry ends by sending you to a clerk.
Arizona small estate affidavit
Arizona runs two affidavit procedures with different limits, waits, and mechanics under A.R.S. § 14-3971; House Bill 2116 (2025, Chapter 24) raised both limits from their earlier figures.
| Field | Collection of personal property by affidavit, § 14-3971(B) | Affidavit of succession to real property, § 14-3971(E) |
|---|---|---|
| Procedure name | Collection of personal property by affidavit | Affidavit of succession to real property |
| Value limit and basis | All personal property in the estate, wherever located, less liens and encumbrances, not more than $200,000, valued as of the date of death | All Arizona real property in the estate, less liens and encumbrances against it, not more than $300,000, valued at the date of death from the county assessment rolls for the year of death |
| Date-of-death regime | No date-of-death tier. HB 2116 was signed on March 31, 2025 and took effect on September 26, 2025, the general effective date for that legislative session. The chaptered act contains no applicability clause, so the amended statute governs affidavits presented or filed on or after that date rather than selecting a limit by date of death — which means an earlier death is not shut out of the higher figure. That reading is Estate Made Clear editorial guidance drawn from the chaptered text; confirm it with the Superior Court in the county of domicile before relying on it for a death before the change | Same effective date, same absence of an applicability clause, and the same reading; confirm with the Superior Court in the county of domicile |
| Real property | Not covered | This is the real-property route; Arizona real estate only |
| Waiting period | 30 days after death | Not sooner than six months after death |
| Time and what sets it | No court step. After the 30-day wait the pace is set by each holder's own review — a bank, a transfer agent, or the Motor Vehicle Division | The six-month wait controls, then the court's filing, the registrar's certified copy, and recording with the county recorder |
| Blocking conditions | No application or petition for appointment of a personal representative pending, and none appointed anywhere; funeral and last-illness expenses paid | Same appointment condition; funeral expenses, last-illness expenses, and all unsecured debts paid; no federal estate tax due |
| Will status | Not conditioned on a will | Devise under a valid will attached or already probated is one of the qualifying paths |
| Who may sign | A person claiming to be the successor, entitled to payment or delivery | Successors entitled by intestate succession as sole heir or heirs, by devise under a valid will attached or already probated, or through the homestead allowance, exempt property, or family allowance |
| Personal liability exposure | Not stated in the section | Not stated in the section |
| Where it goes | Presented to whoever holds the property; transfer agents and the Motor Vehicle Division must act on it | Filed with the court in the county of domicile, or where the property sits if the person was not an Arizona domiciliary; the registrar issues a certified copy, recorded with the county recorder |
| Fee and basis | No court filing fee here; certified death certificates and notarization still cost money | The court's normal filing fee applies unless waived; confirm the amount with that county's Superior Court |
| Official form | Statewide form published by the Administrative Office of the Courts; version not verified here — check the form's revision date against the statute | Statewide form published by the Administrative Office of the Courts; version not verified here — check the form's revision date against the statute |
| Status | Verified, August 3, 2026 — limits, conditions, and the September 26, 2025 effective date verified; the statewide form's current revision was not checked · next review October 22, 2026 | Verified, August 3, 2026 — same basis · next review October 22, 2026 |
Local note: Arizona county self-service forms have lagged statutory changes before. Check the form's revision date against the statute.
California small estate affidavit
California runs three procedures with three limits, and the limit depends on the date of death. Probate Code § 890 requires the Judicial Council to adjust the amounts every three years; the last adjustment took effect April 1, 2025, and the California Courts self-help guide says the next is scheduled for April 1, 2028 unless the law changes. Current amounts appear on Judicial Council form DE-300.
| Field | Affidavit for collection of personal property, §§ 13100–13101 | Petition to determine succession to a primary residence, §§ 13151–13154 | Affidavit re real property of small value, § 13200 |
|---|---|---|---|
| Procedure name | Affidavit for collection, receipt, or transfer of personal property | Petition to determine succession to primary residence in California | Affidavit re real property of small value |
| Value limit and basis | $208,850 for deaths on or after April 1, 2025. Gross value of the probate estate; debts and mortgages may not be subtracted; excludes joint-tenancy property, trust property, beneficiary-designated assets, out-of-state real property, vehicles, boats, mobile homes, and property passing to a surviving spouse, per § 13050, and any property included in a petition filed under § 13151. California real property that is not carved out this way counts toward the figure even though this affidavit cannot transfer it | $750,000 for deaths on or after April 1, 2025. Gross value of the decedent's primary residence in California | $69,625 for deaths on or after April 1, 2025. Gross value of all California real property in the estate, excluding § 13050 property |
| Date-of-death regime | $184,500 for deaths April 1, 2022 – March 31, 2025; $166,250 for deaths before April 1, 2022 | $184,500 and $166,250 for the same earlier periods, per Judicial Council forms DE-310 and DE-315; AB 2016 narrowed the procedure to the primary residence and raised the current figure | $61,500 and $55,425 for the same earlier periods |
| Real property | Not covered — this route cannot transfer real estate | The main home in California only | Real property of small value |
| Waiting period | 40 days after death | 40 days after death, then the court's scheduling under §§ 13150–13154 | Not sooner than six months after death. § 13200(a) requires the affidavit to state that at least six months have elapsed, with a certified death certificate attached |
| Time and what sets it | No court step. After the 40-day wait the pace is set by each holder's own review | The 40-day wait, then the superior court's calendar for the petition — county-level and not published here | The six-month wait controls, then the probate referee's inventory and appraisal, the clerk's processing, and recording |
| Blocking conditions | No proceeding for administration of the estate is being or has been conducted in California, unless the personal representative consents in writing (§ 13101) | No proceeding for administration is being or has been conducted in California, unless the personal representative consents in writing | No proceeding for administration is being or has been conducted in California, unless the personal representative consents in writing; and funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid |
| Will status | Works either way; a beneficiary under the will or an heir may be the successor | Works either way; a copy of the will is attached where the claim rests on it | Works either way |
| Who may sign | The successor of the decedent as defined by statute | Each petitioner who is a successor to the residence, all of whom must sign | The successor to the described real property |
| Personal liability exposure | Not published here — California law addresses a recipient's exposure outside the sections cited in this entry. Ask an attorney what you take on before distributing | Not published here — determined by the court's order and by California law outside the sections cited here | Stated on the official form. Judicial Council form DE-305 (Rev. January 1, 2026) requires the affiant to state that funeral expenses, expenses of last illness, and all known unsecured debts have been paid, and notes that the affiant may be personally liable for the decedent's unsecured debts up to the fair market value of the real property and any income received from it |
| Where it goes | Presented to the holder of the property, not filed with a court; step-by-step instructions are on the courts' self-help site | Petition filed in the superior court, probate division, for the county | Filed with the superior court clerk |
| Fee and basis | No court filing fee on this route | County superior court filing fee; check that court's published fee schedule | County superior court filing fee; check that court's published fee schedule |
| Official form | No Judicial Council form; DE-300 is attached to show the applicable maximum values | Judicial Council form DE-310, with order DE-315 | Judicial Council form DE-305 |
| Status | Verified, July 29, 2026 | Verified with limitation, July 29, 2026 — hearing practice is set locally | Verified, August 3, 2026 — statutory waiting period, blocking conditions, and form-stated liability verified; the county filing fee is not published here |
Next review for all three California entries: October 22, 2026.
Local note: the California Courts self-help page currently carries an internal inconsistency, showing $184,500 in a narrative list while its authoritative maximum-values table and form DE-300 show $208,850 for deaths on or after April 1, 2025. This page follows DE-300 and the Judicial Council forms. Commercial pages circulating a figure for an April 1, 2026 adjustment do not match § 890, which sets a three-year cycle running to April 1, 2028.
Florida summary administration
Florida's Chapter 735 is not an affidavit statute in the sense most searchers mean. It holds two routes with different conditions.
| Field | Summary administration, Fla. Stat. § 735.201 | Disposition without administration, Fla. Stat. § 735.301 |
|---|---|---|
| Procedure name | Summary administration | Disposition without administration |
| Value limit and basis | The entire estate subject to administration in Florida, less property exempt from creditors' claims, does not exceed $75,000 — or the person has been dead more than two years, in which case the value test does not apply | No fixed cap. The estate must consist only of exempt personal property and non-exempt personal property worth no more than the preferred funeral expenses plus reasonable and necessary medical and hospital expenses of the last 60 days of the last illness |
| Date-of-death regime | Not applicable — the two-year alternative is a timing rule, not a date-of-death tier | Not applicable |
| Real property | Within the procedure where the value or two-year test is met | Personal property only |
| Waiting period | None stated in § 735.201; the two-year alternative is its own timing rule | None stated |
| Time and what sets it | Set by the circuit court's calendar for the petition and order — county-level and not published here | Set by the clerk's handling of the informal application — county-level and not published here |
| Blocking conditions | In a testate estate, the will must not direct administration under Chapter 733 | Turns on what the estate consists of |
| Will status | Available in testate estates where the will does not direct Chapter 733 administration, and in intestate estates | Not tied to will status |
| Who may sign | Not published here — set elsewhere in Chapter 735, not in § 735.201. Confirm with the clerk of the circuit court | Not published here — set elsewhere in Chapter 735, not in § 735.301. Confirm with the clerk of the circuit court |
| Personal liability exposure | Recipients under the order are personally liable for a pro rata share of lawful claims, limited to the value each actually received and excluding exempt property | Stated in the authorization the court issues |
| Where it goes | Petition filed in the circuit court for the county | Informal application by affidavit, letter, or otherwise to the court, which may authorize the transfer in writing under seal |
| Fee and basis | Circuit court filing fee set by the clerk; check that county clerk's published fee schedule | Confirm with the clerk of the circuit court |
| Official form | No statewide form verified here; many circuit clerks publish local petition forms | No statewide form; the statute contemplates an informal application |
| Status | Verified, July 29, 2026 · next review October 22, 2026 | Verified, July 29, 2026 · next review October 22, 2026 |
Georgia no administration necessary
Georgia is the clearest example of a state where the dollar figure is not the test. Its route has no threshold at all: it turns on every heir agreeing and on the estate's debts being resolved, under O.C.G.A. § 53-2-40 and following, using statewide Georgia Probate Court Standard Form GPCSF 9, which the Supreme Court of Georgia publishes with the rest of the standard probate forms.
| Field | Order declaring no administration necessary, O.C.G.A. § 53-2-40 et seq. |
|---|---|
| Procedure name | Petition for order declaring no administration necessary |
| Value limit and basis | No dollar limit. Eligibility turns on unanimous agreement among the heirs and on the estate owing no debts, except to creditors — including security deed holders — who have consented or been served |
| Date-of-death regime | Not applicable |
| Real property | Within the procedure. The order sets out each heir's interest, and a certified copy is filed in the deed records of each Georgia county where the decedent owned real property |
| Waiting period | None stated |
| Time and what sets it | Set by how quickly every heir signs the division agreement and by the probate court's review; the court decides whether the petition is legally sufficient, so an order is not automatic |
| Blocking conditions | No personal representative appointed. Any unresolved debt, or any heir who will not sign, ends the route |
| Will status | Intestate estates only. The decedent must have died without a valid will |
| Who may sign | An heir may petition; every heir must sign the division agreement, with original signatures attested by a probate court clerk or a notary and attached to the petition |
| Personal liability exposure | Not stated in the standard form |
| Where it goes | Probate court of the county of domicile, or — for a non-resident who owned Georgia real property — the county where that property sits |
| Fee and basis | County probate court filing fee; not published here. Confirm with that county's probate court |
| Official form | GPCSF 9, effective July 2021, used statewide across Georgia's counties |
| Status | Verified with limitation, August 2, 2026 — conditions verified from the statewide standard form and the statutory sections it cites rather than from an official Georgia Code viewer · next review November 2, 2026 |
Local note: the court decides whether the petition is legally sufficient, so an order is not automatic. Because the route depends on unanimity, a single heir who will not sign moves the estate to a full administration, and that is a reason to raise disagreement early rather than to press for a signature.
Illinois small estate affidavit
Illinois lets an affidavit go straight to a bank, an employer, or a transfer agent with no court filing and no waiting period — and asks the person who signs it to take on more personal exposure than most states do, under 755 ILCS 5/25-1.
| Field | Small estate affidavit, 755 ILCS 5/25-1 |
|---|---|
| Procedure name | Small estate affidavit |
| Value limit and basis | The entire personal estate passing by intestacy or under a will, excluding motor vehicles registered with the Secretary of State, does not exceed $150,000 |
| Date-of-death regime | The $150,000 figure comes from Public Act 104-0346, effective August 15, 2025, and applies where the date of death is on or after that date. Earlier deaths are governed by the earlier law |
| Real property | Not covered — the section reaches the personal estate only. Registered motor vehicles are excluded from the calculation and may be transferred under the affidavit regardless of the estate's value, through the Secretary of State |
| Waiting period | None stated in the statute |
| Time and what sets it | No court step and no statutory wait. The pace is set by valuing the estate accurately, by listing the debts the statute requires, and by each institution's own review |
| Blocking conditions | No letters of office outstanding, and no petition for letters contemplated or pending in Illinois or any other jurisdiction |
| Will status | Works either way. If there is a will, it must already be filed with the clerk of an appropriate court, with a certified copy attached |
| Who may sign | The affiant must be entitled to the property and must accept the statutory undertakings; the section states no priority order among claimants |
| Personal liability exposure | High and explicit. The affiant must list all known unpaid debts in seven statutory classes and pay valid claims in that order before distributing anything, pro rata within a class if the estate cannot cover it. By signing, the affiant agrees to indemnify creditors, heirs, legatees, and institutions that rely on the affidavit, up to the amount lost, plus reasonable attorney's fees and costs of recovery |
| Where it goes | Presented to the person, corporation, or financial institution holding the property; not filed with a court, so no court filing fee attaches |
| Fee and basis | No court filing fee. Certified death certificates and notarization are the unavoidable costs |
| Official form | The affidavit's required contents are set out in the statute itself; many circuit clerks publish a fill-in version. Check any downloaded form against the current statutory text |
| Status | Verified, July 29, 2026 · next review October 22, 2026 |
Local note: some Illinois practitioners describe a 30-day practice period before presenting the affidavit. The statute sets none, and institutions may impose their own conditions. Note also that the Illinois General Assembly's statute database carries its own disclaimer that it should not be cited as an official or authoritative source; for the 2025 change, the Public Act linked above is the enacted text.
Michigan small estate affidavit
Michigan runs two routes under the Estates and Protected Individuals Code, and its threshold is the one figure on this page that is not written into the statute. 2024 Public Act 1 set a base of $50,000 in MCL 700.3982, and MCL 700.1210 requires the Department of Treasury to publish a cost-of-living adjustment factor each year, applied to that base and rounded to the nearest $1,000, for people who die during that calendar year.
| Field | Affidavit of decedent's successor, MCL 700.3983 | Petition and order for assignment, MCL 700.3982 |
|---|---|---|
| Procedure name | Affidavit of decedent's successor for delivery of certain assets owned by decedent | Petition and order for assignment |
| Value limit and basis | The value of the estate, less liens and encumbrances, must not exceed the adjusted small estate threshold. Base of $50,000 with an annual Treasury adjustment; the current adjusted figure is not published here — see the date-of-death row | The balance of the gross estate after payment of funeral and burial expenses must not exceed the same adjusted threshold. From January 1, 2024, indebtedness secured by real property in the estate is deducted from the value of that real property, up to $250,000 |
| Date-of-death regime | The adjustment applies to people who die during the calendar year, so the year of death selects the figure, not the filing date. Read the year-of-death amount in the Treasury's own annual notice or ask the county probate court; published summaries reviewed for this page did not agree on the current amount, so none is repeated here | Same base, same annual adjustment, same year-of-death rule |
| Real property | Not covered — this route reaches personal property and debts owed to the decedent | Can be within the procedure; the court's order assigns the property |
| Waiting period | 28 days after death | None stated |
| Time and what sets it | No court step. After the 28-day wait the pace is set by each holder's own review | Set by the county probate court's handling of the petition — county-level and not published here |
| Blocking conditions | No application or petition for appointment of a personal representative is pending or has been granted | Not published here — ask the county probate court |
| Will status | Works either way | The Allegan County Probate Court describes this procedure as taking no notice of a will. That is one court's guidance rather than the statutory text quoted here; confirm with the probate court in the county of domicile |
| Who may sign | A person claiming to be the decedent's successor, presenting the death certificate and the sworn statement | Not published here — ask the county probate court |
| Personal liability exposure | Not published here for this section — but see the petition column, and note that this route does not remove the duty to pay the decedent's valid debts before distributing | An heir who receives property through an order under this procedure — other than a surviving spouse who qualifies for allowances, or minor children — is responsible for 63 days from the date of the order for the decedent's unsatisfied debt, up to the value of the property received, per MCL 700.3983(3) as summarised by the Allegan County Probate Court |
| Where it goes | Presented to the person or institution holding the property, with a certified death certificate; not filed with a court | Filed with the probate court for the county |
| Fee and basis | No court filing fee. Certified death certificates and notarization are the unavoidable costs | County probate court filing fee; not published here. Confirm with that county's probate court |
| Official form | State Court Administrative Office form PC 598, used statewide | State Court Administrative Office form PC 556, used statewide |
| Status | Verified with limitation, August 3, 2026 — statutory conditions and the adjustment mechanism verified; the current adjusted threshold and county fees are not published here · next review November 3, 2026 | Verified with limitation, August 3, 2026 — same limitations; blocking conditions and who may petition were not closed from an official source · next review November 3, 2026 |
Local note: because the figure changes every calendar year and is selected by the year of death, an amount quoted in a summary written for a different year does not apply. Two published summaries reviewed for this page gave different amounts for the same year. Michigan is the clearest case on this page for reading the official notice rather than a table.
New York voluntary administration
New York does not call this a small estate affidavit in its own materials. The proceeding is voluntary administration under article 13 of the Surrogate's Court Procedure Act, described on the New York Courts CourtHelp site, and the statutory definition of a small estate sets the ceiling.
| Field | Voluntary administration, SCPA article 13 |
|---|---|
| Procedure name | Voluntary administration; the filing is an Affidavit in Relation to Settlement of Estate Under Article 13 |
| Value limit and basis | Personal property with a gross value of $50,000 or less, exclusive of property required to be set off under EPTL 5-3.1(a) — which for a surviving spouse or minor children can include a motor vehicle, cash up to a statutory amount, household furnishings, and other listed items. Confirm the current set-off list before adding up |
| Date-of-death regime | Not applicable |
| Real property | Excluded. Real property in the person's name alone means it is no longer a small estate and a probate or administration proceeding is required. Real property owned jointly with someone else does not disqualify the estate |
| Waiting period | None stated in the statewide court guidance |
| Time and what sets it | Set by the Surrogate's Court's processing of the petition and by its issue of a separate certificate for each asset |
| Blocking conditions | If the assets later prove to exceed the ceiling, the voluntary administrator must notify the court. If a wrongful-death or personal-injury claim may be brought, the court's guidance directs a probate or administration proceeding instead |
| Will status | Works either way; the original will is filed with the petition |
| Who may sign | The court appoints a Voluntary Administrator — the executor named in the will if there is one, otherwise the closest relative. The court issues a certificate for each asset, which is presented to the bank or other holder |
| Personal liability exposure | The voluntary administrator is appointed by the court and acts for the estate under Article 13, which is a fiduciary position rather than a private claim. The specific accounting duties are not published here — ask the Surrogate's Court what it requires on settlement |
| Where it goes | Surrogate's Court in the county where the person had their primary residence; the original will and a certified death certificate are filed with the petition |
| Fee and basis | $1.00 filing fee, per the statewide CourtHelp page, as of July 29, 2026. This is the court's fee only |
| Official form | Form SE-3A, per the New York County Surrogate's Court small estates checklist; the free Small Estate Affidavit DIY program produces the court papers |
| Status | Verified with limitation, August 2, 2026 — statute and statewide guidance verified; the EPTL 5-3.1(a) set-off amounts are not published here · next review November 2, 2026 |
Local note: the statewide guidance describes the ceiling as "less than $50,000" while SCPA § 1301 reads "$50,000 or less." At exactly $50,000 the statute controls, and the county checklists follow it. If your figure sits at or near the line, take it to the Surrogate's Court clerk rather than to a summary.
North Carolina collection by affidavit
North Carolina runs the same affidavit twice — once for intestate estates under G.S. § 28A-25-1 and once for testate estates under G.S. § 28A-25-1.1 — with the same limits and a different set of attachments.
| Field | Collection of property by affidavit, G.S. §§ 28A-25-1 and 28A-25-1.1 |
|---|---|
| Procedure name | Collection of property by affidavit |
| Value limit and basis | Personal property, less liens and encumbrances, not exceeding $20,000. Where the affiant is the surviving spouse who is entitled to all of the property, the limit is $30,000, after reduction for any spousal allowance paid under G.S. 30-15 |
| Date-of-death regime | Not applicable |
| Real property | Not transferred by the affidavit. The affidavit must still describe each tract of real property the decedent owned at death |
| Waiting period | 30 days from the date of death |
| Time and what sets it | The 30-day wait, then the clerk's filing and mailing to those shown as entitled, then each holder's own review of the certified copy |
| Blocking conditions | No application or petition for appointment of a personal representative pending or granted in any jurisdiction |
| Will status | Both paths exist. The testate version requires a certified copy of the will attached to the affidavit |
| Who may sign | An heir or a creditor of the decedent, or the public administrator appointed under G.S. 28A-12-1, in each case not disqualified under G.S. 28A-4-2 |
| Personal liability exposure | Not stated as an indemnity in these sections; the affiant collects and distributes under the statute and remains answerable to those entitled |
| Where it goes | Filed with the clerk of superior court, who mails a copy to the persons shown in the affidavit as entitled; a certified copy is then presented to whoever holds the property |
| Fee and basis | Clerk of superior court fee; not published here. Confirm with that county's clerk |
| Official form | Statewide Administrative Office of the Courts affidavit; version not verified here — ask the clerk for the current form |
| Status | Verified with limitation, August 2, 2026 — statutory conditions verified statewide; fee and current form version must be confirmed locally · next review November 2, 2026 |
Local note: the $30,000 figure is not a general spousal bonus. It applies where the surviving spouse is the one entitled to all of the property, and it is reduced by any spousal allowance already paid.
Ohio release from administration
Ohio runs two tracks that are widely confused with each other, including in published summaries: release from administration under R.C. § 2113.03 carries the familiar $35,000 and $100,000 figures, while summary release from administration under R.C. § 2113.031 is the much smaller funeral-expense track. Several secondary sources swap the two section numbers; the sections themselves are linked here.
| Field | Release from administration, § 2113.03 | Summary release from administration, § 2113.031 |
|---|---|---|
| Procedure name | Release from administration | Summary release from administration |
| Value limit and basis | The value of the assets of the estate is $35,000 or less; or $100,000 or less where the decedent left all estate assets by valid will to a surviving spouse, or died without a valid will and the surviving spouse is entitled to all of the estate | For an applicant who is not the surviving spouse, the assets do not exceed the lesser of $5,000 or the funeral and burial expenses the applicant paid or is obligated in writing to pay. For a surviving spouse, the assets do not exceed the allowance for support under § 2106.13(A) plus up to $5,000 for funeral and burial expenses, subject to prepayment or payment conditions |
| Date-of-death regime | Not applicable | Not applicable |
| Real property | Can be within the procedure; the court may appoint a commissioner to execute instruments of conveyance, including on a sale under § 2127.011 | An application for a certificate of transfer under § 2113.61 is required if an interest in real property is included |
| Waiting period | None stated in the section | None stated in the section |
| Time and what sets it | Set by the county probate court's handling of the application, including any hearing that court requires | Set by the county probate court's handling of the application |
| Blocking conditions | The section applies subject to its own division (I), which is not summarised here; read it, or ask the county probate court, before relying on either threshold | No pending proceedings for administration of the estate and none pending under § 2113.03 |
| Will status | Works either way; the $100,000 track requires either a valid will leaving everything to the spouse or intestacy with the spouse taking all | Not tied to will status; turns on who applies and what was paid |
| Who may sign | Any interested party may apply | A person who is not a surviving spouse and who paid or is obligated in writing to pay the funeral and burial expenses; or the surviving spouse |
| Personal liability exposure | Not stated in the section | Not stated in the section |
| Where it goes | Probate court of the county | Probate court of the county |
| Fee and basis | Probate court filing fee under R.C. § 2101.16; amount not published here | The fee required by R.C. § 2101.16(A)(59); amount not published here |
| Official form | Ohio Supreme Court standard probate forms are used statewide; form numbers not verified here — ask the county probate court | Ohio Supreme Court standard probate forms are used statewide; form numbers not verified here — ask the county probate court |
| Status | Verified with limitation, August 2, 2026 — statutory conditions verified; the § 2106.13 allowance figure and court fees are not published here · next review November 2, 2026 | Verified with limitation, August 2, 2026 — statutory conditions verified; the § 2106.13 allowance figure and court fees are not published here · next review November 2, 2026 |
Local note: the $100,000 figure applies only where the surviving spouse takes the entire estate. If anyone else inherits any share, the $35,000 limit applies regardless of the spouse's involvement.
Pennsylvania small estate petition
Pennsylvania's route is a petition to the orphans' court, and the court grants it at its discretion rather than as of right, under 20 Pa.C.S. §§ 3101 and 3102.
| Field | Settlement of small estates on petition, § 3102 |
|---|---|
| Procedure name | Settlement of small estates on petition |
| Value limit and basis | Property of a gross value not exceeding $50,000, exclusive of real estate and of property payable under § 3101, but including personal property claimed as the family exemption |
| Date-of-death regime | Not applicable to the current figure |
| Real property | Excluded from the calculation and not transferred by this section. Owning real estate does not disqualify the estate: the court's authority over the personal property is not restricted by the decedent's ownership of real estate, regardless of its value |
| Waiting period | None stated |
| Time and what sets it | Set by the orphans' court's own scheduling and the county's notice practice; the court grants the petition at its discretion rather than as of right, so no timeline is assured |
| Blocking conditions | None stated. The court may act whether or not letters have been issued or a will probated |
| Will status | Works either way |
| Who may sign | Any party in interest may petition |
| Personal liability exposure | Within one year of the decree, any party in interest may petition to revoke it for an improper distribution; if the court finds one, it revokes the decree and directs restitution as equity requires |
| Where it goes | Orphans' court division of the county where the decedent was domiciled at death. The decree of distribution is the authority transfer agents and registrars act on |
| Fee and basis | County-level, set by the Register of Wills or Clerk of the Orphans' Court; not published here |
| Official form | County petition forms; no statewide form verified here. Ask the Register of Wills for the county of domicile |
| Status | Verified with limitation, August 2, 2026 — statutory conditions verified; petition contents, fee, and notice practice are county-level · next review November 2, 2026 |
On Pennsylvania inheritance tax: Pennsylvania imposes an inheritance tax on transfers at death, collected through the Register of Wills on form REV-1500. It is a separate obligation from the § 3102 petition, and it is a different tax from the federal estate tax — an inheritance tax is measured by what a beneficiary receives and their relationship to the person who died, while an estate tax is measured against the estate itself. Rates, exemptions, and filing deadlines are not published here. Confirm the return and payment requirements with the Register of Wills for the county of domicile, and take the calculation to a tax professional.
Local note: § 3101 provides separate, smaller routes that do not require a petition at all. An employer may pay out wages, salary, or employee benefits, and a bank or credit union must pay out a deposit account below a statutory ceiling — in each case to a spouse, child, parent, or sibling in that order, and in the case of a deposit account on presentation of a receipted funeral bill or a funeral director's affidavit. The current ceilings are not published here because the versions of § 3101 reviewed for this page did not agree on the wage figure; read the section at the link above, or ask the institution, before relying on an amount. Anyone who receives such a payment is answerable to anyone prejudiced by an improper distribution.
Texas small estate affidavit
Texas limits its small estate affidavit to people who died without a will, requires the estate's assets to exceed its known liabilities, and hands the document to a judge who may or may not approve it, under Chapter 205 of the Estates Code.
| Field | Small estate affidavit, Tex. Est. Code ch. 205 |
|---|---|
| Procedure name | Small estate affidavit |
| Value limit and basis | Estate assets, excluding the homestead and exempt property, do not exceed $75,000, valued on the date of the affidavit. Those assets must also exceed the estate's known liabilities, excluding liabilities secured by the homestead and exempt property |
| Date-of-death regime | Not applicable to the current figure |
| Real property | Only the homestead, and only under § 205.006, where it is the sole real property in the estate. Other real estate falls outside the procedure |
| Waiting period | 30 days after the date of death |
| Time and what sets it | The 30-day wait, then the judge's examination — approval is not automatic — and a hearing in the counties that require one |
| Blocking conditions | No petition for appointment of a personal representative pending or granted |
| Will status | Intestate estates only. Chapter 205 applies to distributees of a person who died without a will; an estate with a will needs a different procedure |
| Who may sign | Two disinterested witnesses and each distributee with legal capacity; the natural guardian or next of kin of a minor distributee, or the guardian of another incapacitated distributee, where the facts warrant it |
| Personal liability exposure | Not stated as an indemnity in the chapter; the affidavit is sworn, and a false statement carries its own consequences |
| Where it goes | Filed with the clerk of the court with jurisdiction and venue over the estate. The judge examines it and may approve it — approval is not automatic. Certified copies then go to each holder of estate property |
| Fee and basis | Set locally. TexasLawHelp directs you to ask the clerk of the filing court for the fee, and notes that some counties require a hearing and others do not |
| Official form | No statewide form. Many counties publish their own; use the filing county's version |
| Status | Verified with limitation, July 29, 2026 — statutory conditions verified statewide; fee, form, and hearing practice are county-level and must be confirmed locally · next review October 22, 2026 |
What the affidavit must contain: a list of all known estate assets and liabilities, the name and address of each distributee, and the family-history facts showing each distributee's right to receive.
For a closer look at the Texas figure — what counts toward the $75,000, what is excluded, and how to check an estate against it — see our guide to the Texas small estate threshold.
Which jurisdictions this page covers
Published above, with every field verified: Arizona, California, Florida, Georgia, Illinois, Michigan, New York, North Carolina, Ohio, Pennsylvania, Texas.
Status: Blocked pending row verification, as of August 3, 2026. The remaining forty jurisdictions — thirty-nine states and the District of Columbia — are in the verification queue and are not published here, because an entry without a confirmed citation, threshold basis, date-of-death rule, real-property treatment, form route, and local-variation note is a citation hazard rather than an answer.
Those jurisdictions are: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
If your state is on that list: go to that state's judicial branch website and find its self-help or probate section, and to the legislature's site for the statute. Then contact the clerk of the probate, surrogate's, orphans', or circuit court in the county where the person was domiciled and ask three questions — which simplified procedure this court handles, which form version is current, and whether a hearing is required. Do not fill the gap with a national threshold table; those are where stale California, Illinois, and Arizona numbers have been circulating.
The five facts at the top of this page are the right things to have written down before you make that call, and the questions in Choosing the right kind of help work in any state.
What to do after you find your state
1. Fix the date-of-death regime before you look at the number. Write down the date of death, then confirm which version of the limit was in force. California and Illinois both changed recently, and both tie the answer to the date of death rather than the filing date.
2. Sort the assets into probate and non-probate. Work from statements and titles, not memory. Record how each asset was held and whether a beneficiary was named, then apply the state's own inclusion and exclusion list rather than a rule of thumb from elsewhere. If the state measures net of liens you need payoff figures; if it measures gross, you subtract nothing.
3. Establish who may sign. Statutes name eligible claimants and often set a priority order. Texas requires every distributee with capacity plus two disinterested witnesses. Georgia requires every heir to sign the division agreement. New York's court appoints the voluntary administrator rather than letting a claimant self-appoint. Being the person handling everything does not make you the person entitled to sign.
4. Get the official form and the local instructions. Use the statewide form where one exists and the county form where the court publishes its own, and check the form's revision date against the statute — when a limit changes, forms sometimes lag. If the procedure is presented to an institution rather than filed, ask that institution for its own checklist.
5. Wait the required period, then file or present — and keep everything. A waiting period runs from the event the statute names, usually the date of death. Afterwards, file with the correct clerk or present it to the holder. Pay valid claims in the order the state sets before you distribute anything. Then keep the signed affidavit, every certified copy, every claim paid, and every distribution. In several states you are personally answerable to creditors and other heirs for what you distribute, and that paperwork is your record.
Keep estate money separate from your own from the first deposit — a dedicated account, not your checking account — because mixing them is what makes an accounting impossible to reconstruct later. And note where you stand: in most of these procedures the person signing is also someone who inherits, which means you are making decisions about claims that affect your own share. That is normal and permitted. It is also the reason to document every decision as though someone will ask.
If you present a document early. None of the statutes published above turns an early signature into a permanent forfeiture: the document is refused, and it can generally be presented again once the period has run. What can be lost is a filing fee already paid, and the route itself if a blocking condition arises in the meantime — most often someone else petitioning for appointment as personal representative. That reading is Estate Made Clear editorial guidance drawn from the statutes cited in each entry, not a statement of any court's practice; confirm the consequence with the clerk of the filing court before relying on it.
When a small-estate procedure may not fit
A simplified procedure is a route the legislature created with limits attached, not a way around protections. These are the situations where it commonly does not work, or should not be used without advice.
- Real property outside the procedure. Illinois, New York, Pennsylvania, and Michigan's affidavit route exclude real estate entirely. Texas reaches only the homestead. Arizona and California route it to separate procedures with their own limits and waits. North Carolina makes you describe it without transferring it. If there is land or a house and the entry does not clearly cover it, stop.
- An administration already pending or granted. Texas, Arizona, Illinois, North Carolina, and California each condition their procedure on no appointment being pending or made.
- An estate that may not cover its debts. Several procedures require debts to be paid first, and some make the signer personally answerable. Insolvency is a reason to get advice before anyone distributes anything, not a reason to move faster.
- Minors, incapacity, or heirs who cannot be found. Statutes add signature and representation requirements, and courts scrutinize them.
- Disagreement about who inherits. If heirship is contested or unclear, a statement sworn under penalty of perjury is the wrong instrument. In Georgia, a single heir who will not sign ends the route outright.
- A will you cannot find. Several procedures turn on whether there was a will, and two of them require the original or a certified copy to be filed before the affidavit works. If you believe there was a will and cannot locate it, check the county's will-deposit records and the safe deposit box before assuming intestacy, and ask the clerk what that court requires — swearing that someone died intestate when a will later surfaces is the kind of error these procedures are least able to absorb.
- Property in more than one state. Domicile does not govern real estate elsewhere; a separate ancillary process may be required where the property sits.
- A possible lawsuit. New York's guidance routes potential wrongful-death and personal-injury claims to a full proceeding.
- Business interests, unclear title, or a likely tax filing. Any of these puts the estate beyond what a form and a clerk's counter can resolve.
- A will or transfer that changed late in life. If a will, a deed, a beneficiary designation, or an account title changed in a way that surprises the people closest to the situation — particularly during a period of illness or dependence — a statement sworn under penalty of perjury is the wrong instrument, and this is a question for a probate attorney in the decedent's state before anything is signed. Where the concern is that an older adult was pressured or financially exploited, adult protective services in that county, and in some circumstances local law enforcement, take those reports.
- Mail and calls that arrive after you file. A court filing is a public record, and in many counties it produces mail and calls within days — offers to buy the estate's real property, advances against an expected inheritance, and services offering to handle the estate. None of these comes from the court, and nothing you filed obliges you to answer any of them. An advance against an expected inheritance is not a loan on ordinary terms; take one to an attorney in the decedent's state before signing.
- Paying for a form you can get free. Every procedure above uses a document the state, the court, or the county publishes at no charge, and several states publish a free guided tool. A paid preparation service is not a law firm, cannot tell you whether your estate qualifies, and cannot appear for you if the court asks a question. If you want someone to check your facts, that is a limited-scope consultation with a licensed attorney, not a form fee.
If one of these describes your situation, consider state-specific legal advice before signing anything. The page on when a probate lawyer may help sets out how to make that call, including limited-scope options that cost far less than full representation.
The mistakes that cost the most
| Mistake | What it actually causes |
|---|---|
| Comparing one dollar figure across states | The basis differs — gross, net of liens, excluding homestead, excluding vehicles, excluding set-off property — so the same estate passes in one state and fails in another |
| Using the current limit for an earlier death | In California, Illinois, and Michigan the date of death — in Michigan, the calendar year of death — selects which limit applies |
| Counting joint, POD/TOD, trust, and beneficiary assets | Inflates the estate and can rule out a procedure that would have worked |
| Downloading a generic form | Wrong version, wrong county, wrong state; a rejected filing can forfeit the fee |
| Distributing before paying claims | In Illinois the affiant indemnifies creditors and heirs; in Florida, summary-administration recipients are personally liable pro rata |
| Treating a bank's acceptance as legal qualification | An institution's willingness to release funds is its own risk decision, not a finding that the estate qualified |
Choosing the right kind of help
Everything above can be done without paying anyone. These are the situations where a particular kind of help earns its cost, described by what to look for rather than by brand. Estate Made Clear does not rank providers and has no affiliate relationship behind anything on this page.
Best for a modest estate, one clear heir, no real estate, no disputes: the free official path — the state judiciary's self-help materials, the court's own form, and the county clerk's filing instructions. Where the state offers a guided form tool, as New York does, use it.
Best for the wrong-procedure risk in a state with more than one route: a court self-help center or public law library, which can explain what each procedure is for. Neither can say which fits your facts.
Best for confirming the form, fee, hearing requirement, and filing location: the clerk of the probate, surrogate's, orphans', or circuit court in the county of domicile. Clerks answer procedural questions and cannot give legal advice.
Best for real property, unclear title, contested heirship, or an out-of-state parcel: a probate attorney licensed in the decedent's state who offers limited-scope representation and will quote the fee basis — flat, hourly, or percentage — in writing before you engage. Your state bar's lawyer-referral service and local legal aid are the neutral starting points.
Best when the estate may be insolvent, or a tax filing may be required: pause and get professional review before distributing anything — a probate attorney for creditor priority, an estate CPA or enrolled agent for the final income tax return, estate income tax, or basis questions.
Best when you cannot afford representation: start with the court's self-help center, which is free everywhere it exists, then your area's legal aid organization, then your state bar's referral service, which often quotes a reduced-rate first consultation. Say plainly that cost is a constraint; limited-scope help on the one question you cannot answer yourself is a normal request.
| If your situation is… | What changes by state | Next move | Confirm before you engage or pay |
|---|---|---|---|
| Everything had a named beneficiary, a surviving co-owner, or a TOD registration | Whether the state treats vehicles, wages, or community property differently | Probably no procedure at all; claim each asset from the institution or recorder that holds it | Does anything sit in the sole name with no beneficiary? Did the deed or signature card actually create survivorship? Was the trust ever funded? |
| Personal property only, one state, heirs agree | The threshold basis, the date-of-death or year-of-death regime, and whether the document is filed or presented | The state's own procedure, using the official form; no paid help needed | Which form version is current? Is anything filed, or is it presented to the holder? Does a waiting period apply, and from when? |
| Real property in the estate, or in a second state | Whether real property is inside the procedure, routed to a separate one, or excluded entirely | The court petition or real-property route the state provides; legal review before recording anything | Is this attorney licensed where the property sits? Will they handle recording, or only the petition? What is the fee basis in writing? Who else must sign or consent? |
| Debts may exceed assets, or creditors are calling | The claim priority order, and whether the person who signs indemnifies creditors or is liable pro rata | Pause; a probate attorney in the decedent's state before any distribution | Do they handle insolvent estates? What is the claim period in this state? What is my exposure if I have already paid someone? |
| Heirs disagree, or an heir is a minor or missing | Whether the route needs unanimity, every distributee's signature, or a court appointment | Pause; the court, not an affidavit | Do they handle contested probate? What does representation cost through a first hearing? Who is the client — me, or the estate? |
| You are a beneficiary with no role, and want to know what is happening | Whether the statute makes a beneficiary an eligible claimant at all | Usually not this route — a beneficiary may not sign unless the statute makes them an eligible claimant | Has anything been filed in the county of domicile? Who is handling it, and under which procedure? |
| You do not want the role | The court's declination procedure and who takes priority next | Decline; the next eligible person may act, and no one is obliged to serve | What is this court's declination procedure? Who takes priority if I step aside? Does declining affect what I inherit? |
Same-card rule: use the five facts in Check these facts before you look up a state as the scorecard for whoever you talk to. If a lawyer, clerk, or service cannot say which of those five drives your answer, they have not looked at your situation yet. If you would rather start from a list of options for getting probate handled, the probate help options hub covers that; nothing there is required to complete anything described on this page.
How this page is verified and updated
Who publishes this. Estate Made Clear is an independent publisher, supported by advertising and, on some pages, disclosed referral links. This page carries no referral links and no sponsored placement, no provider paid to appear here, and if a compensated link is added to this page, it will be disclosed here. This page is legal information, not legal advice, and it is not a substitute for a licensed attorney in the decedent's state.
Who writes and checks this. This page is written and maintained by the Estate Made Clear editorial team. Verification here means that each field was checked against the statute, court rule, official form, or agency guidance cited in that entry, on the date shown beside it. It does not mean legal review. No attorney licensed in each covered state has reviewed this page; when that review is completed, it will be credited here by name, role, and date. Where an answer turns on your own documents, titles, debts, or family facts, the person to ask is a licensed attorney in the decedent's state.
Sources. Every consequential field comes from the governing statute, the state judiciary's own guidance, or an official form. Recognized legal-aid material is used only for practical context, alongside the primary source. Competitor tables and forum posts help identify the questions readers ask; they are never authority for a threshold, waiting period, form, fee, or eligibility rule.
Status labels. Each entry carries one of six labels: Verified, Verified with limitation, Partial, Blocked, Not applicable, or Superseded. "Verified with limitation" states the limitation in the same entry. Nothing is published as current without a source and a verification date.
Missing data. Where a source could not close a field, the field says so. Where two sources conflict, the entry stays Partial or Blocked and no figure is published, and where the conflict is material to a reader it is stated in the entry's local note. Gaps are not filled from a neighbouring state, a commercial summary, or an older edition of the same page.
Dates and refresh. Every entry shows its verification date and next review date. The page's own next-verification date is controlled by the earliest entry, which is October 22, 2026. Statutes, thresholds, and forms are rechecked at least annually, and immediately when a governing statute or official form changes. Court and local procedures are rechecked at least annually.
Format. The accessible HTML tables above are the canonical version of this data.
What this page is not. It compares published legal procedures and official routes; it is not an eligibility determination. Whether a specific estate can use a specific procedure depends on the actual documents, titles, debts, and family facts under the law of the decedent's state — a question for a licensed attorney there.
Questions people ask
Am I responsible for my parent's debts?
Generally no. Debts are claims against the estate, paid from estate assets, and where the estate cannot cover them most unsecured debt goes unpaid. You become responsible only through a narrow set of exceptions — co-signing, a joint account, a community-property or family-expense rule in your state, or distributing estate property before valid claims are paid. A collector may not tell you that you must pay a deceased person's debt out of your own money.
Can I use a small-estate procedure if there is a will?
It depends on the state. New York's voluntary administration works either way, and the executor named in the will is the person the court appoints. Illinois allows either, but the will must already be filed with the clerk and a certified copy attached. Michigan's affidavit route works either way. Texas Chapter 205 and Georgia's no-administration route are both limited to people who died without a will. Check the will-status line in your state's entry first.
Does the value limit include the house?
Usually not, and the reason varies. Illinois, New York, Pennsylvania, and Michigan's affidavit route exclude real property from the procedure entirely. Texas excludes the homestead from the calculation and reaches it only in a narrow case. Arizona excludes it from the personal-property route and provides a separate real-property affidavit with its own limit and a six-month wait. California is the exception to read carefully: California real property counts toward the $208,850 figure unless it is the subject of a § 13151 primary-residence petition, and the § 13100 affidavit cannot transfer real estate either way. Georgia, Ohio, and Michigan's petition route can reach real property inside the procedure. There is no national rule here; read the real-property line.
How long do creditors have to make a claim?
That period is set by state law and is not published state by state on this page. It matters because several of these procedures require valid claims to be paid before anything is distributed, and because in Illinois and Florida the person who distributes early carries the exposure personally. Ask the clerk of the probate, surrogate's, orphans', or circuit court in the county of domicile what the claim period is in that state and when it starts — and ask before you distribute rather than after. Where the estate may not cover its debts, that question goes to a probate attorney in the decedent's state instead of to a clerk.
Can a bank refuse the affidavit or ask for its own paperwork?
An institution can require its own identification, indemnity, and internal forms alongside the statutory document, and its processing time is its own. That is institution policy sitting on top of state law, not replacing it. Bring the statutory requirements and the official form, and ask the institution for its checklist in writing. Acceptance by a bank is not a finding that the estate qualified.
How long does a small-estate procedure take?
There is no universal answer, and the clock is set by the slowest dependency rather than by the paperwork. Each entry above carries a time and what sets it line naming that dependency for its own route. A statutory minimum is a floor, not an estimate: waiting the period does not mean the transfer completes when it ends.
What does it cost?
Separate the components. The court filing fee is set by the state or county and published in that court's own fee schedule; New York's statewide guidance lists $1.00 for the small estate filing, while Texas, Ohio, Pennsylvania, and Florida fees are county-level. Procedures presented to an institution rather than filed — Illinois, Michigan's affidavit route, and Arizona's personal-property route — carry no court fee at all. Then add certified death certificates, notarization, any required notice, appraisal, and any attorney's fee, which should be quoted with its basis in writing.
Your next step
Open the entry for the state where the person who died was domiciled, follow the statute or court link inside it, and read the eligibility conditions rather than the headline amount. Then make one local confirmation before anyone signs: contact the clerk of the probate or surrogate's court in that county, or the institution holding the asset, and confirm the form version, the fee, and whether a hearing applies. If your state is not published yet, start at the state judiciary's self-help site and that same clerk. If any review trigger above describes your situation, that call comes before the signature, not after.
Sources and last verified date
Last verified: August 3, 2026
Next review: October 22, 2026 (the earliest entry-level review date, per the refresh rules above).
- Does a person's debt go away when they die? — Consumer Financial Protection Bureau — The general rule that survivors are not responsible for a decedent's debts, the co-signer and joint-account exceptions, and the treatment of estates that cannot cover their debts.
- Can a debt collector contact me about a deceased relative's debts? — Consumer Financial Protection Bureau — What a collector may and may not say to a surviving relative, and who they may discuss the debt with.
- Arizona Revised Statutes § 14-3971 — Arizona's personal-property and real-property affidavit procedures, limits, valuation basis, waiting periods, and filing mechanics.
- House Bill 2116, Chapter 24, Laws 2025 — Arizona Legislature — Full amended text raising the Arizona limits to $200,000 and $300,000, including the recording and filing-fee provisions.
- 2025 Legislative Summary, Fifty-Seventh Legislature First Regular Session — Arizona State Senate — The September 26, 2025 general effective date for legislation from the session that enacted HB 2116.
- Check if you can use a simple process to transfer property — California Courts Self-Help Guide — California's current summary-succession limits by date of death, the exclusion list, the 40-day wait, and the April 1, 2028 adjustment schedule.
- Small estate transfer of personal property — California Courts Self-Help Guide — Step-by-step instructions for the § 13100 affidavit and confirmation that it is presented to the property holder.
- Judicial Council form DE-300, Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration — Official current maximum values for California's summary-succession procedures.
- Judicial Council form DE-305, Affidavit re Real Property of Small Value — The six-month recital, the paid-debts condition, and the form's own statement that the affiant may be personally liable for the decedent's unsecured debts up to the value of the property and income received.
- California Probate Code § 890 — Requirement that the Judicial Council adjust the amounts every three years.
- California Probate Code § 13050 — What is excluded from the California small-estate calculation.
- California Probate Code § 13150 — The petition procedure for succession to real property.
- California Probate Code § 13200 — The six-month waiting period for the real-property affidavit, the recitals it requires, the blocking and paid-debts conditions, and the filing and recording route.
- Assembly Bill 2016 (2023–2024) — California Legislative Information — The change raising the real-property petition limit to $750,000 and narrowing it to the primary residence.
- Decedents' Estates: Succession to Real Property of Small Value, forms DE-310 and DE-315 — Judicial Council of California — The date-of-death tiers of $166,250, $184,500, and $750,000 carried on the official petition and order forms, and the April 1, 2025 effective date of the value adjustment.
- Florida Statutes § 735.201 — Summary administration — The $75,000 test net of creditor-exempt property, the two-year alternative, and the testate-estate condition.
- Florida Statutes § 735.301 — Disposition without administration — The exempt-property and last-illness-expense test and the informal court authorization.
- Petition for Order Declaring No Administration Necessary, form GPCSF 9 — Georgia Probate Court Standard Forms — Georgia's conditions under O.C.G.A. § 53-2-40: intestacy, unanimous heir agreement with attested signatures, the debts-and-creditors condition, venue, and the treatment of real property.
- Georgia Probate Court Standard Forms and General Instructions — Supreme Court of Georgia — Confirmation that GPCSF 9 is the statewide standard form used across Georgia's probate courts.
- 755 ILCS 5, Article XXV — Small Estates, Illinois General Assembly — Illinois' personal-estate limit, motor-vehicle exclusion, blocking conditions, seven-class claim order, and affiant indemnity.
- SB0083 bill status, Public Act 104-0346 — Illinois General Assembly — The $150,000 figure, the motor-vehicle change, the August 15, 2025 effective date, and the rule that the change applies to deaths on or after that date.
- MCL 700.3982, Estates and Protected Individuals Code — Michigan Legislature — Michigan's petition-and-order route, the $50,000 base set by 2024 Public Act 1, the gross-estate-after-funeral-expenses basis, and the $250,000 real-property indebtedness deduction from January 1, 2024.
- MCL 700.1210, Cost-of-living adjustment — Michigan Legislature — The requirement that the Department of Treasury publish an annual adjustment factor, the rounding rule, and the rule that the adjusted amount applies to people who die during that calendar year.
- Estates and Protected Individuals Code Cost-of-Living Adjustments to Specific Dollar Amounts — Michigan Department of Treasury — The official annual notices carrying Michigan's adjusted dollar amounts by year of death.
- Small Estates and Transfers by Affidavit — Allegan County Probate Court — Michigan court guidance on the 28-day wait, forms PC 556 and PC 598, the treatment of a will in the petition route, and the 63-day heir liability under MCL 700.3983(3).
- Small Estates — Kent County Probate Court — Confirmation of the MCL 700.3983 affidavit conditions, the no-pending-appointment condition, and the real-property lien deduction for deaths on or after January 1, 2024.
- Small Estate — When a Person Dies with less than $50,000 — New York Courts CourtHelp — New York's procedure name, real-property exclusion, Surrogate's Court filing location, wrongful-death caveat, and $1.00 filing fee.
- SCPA § 1301, Definitions — New York State Senate — The statutory definition of a small estate as personal property of $50,000 or less, exclusive of property set off under EPTL 5-3.1(a).
- New York County Small Estates — Voluntary Administration Checklist — New York Courts — Form SE-3A as the Article 13 affidavit, and the county-level filing checklist.
- Small Estate Affidavit Program — New York Courts DIY Forms — The free official tool that generates New York's small-estate court papers.
- G.S. § 28A-25-1, Collection of property by affidavit when decedent dies intestate — North Carolina General Assembly — North Carolina's $20,000 and $30,000 limits net of liens, the 30-day wait, the blocking condition, who may file, and the clerk's role.
- G.S. § 28A-25-1.1, Collection of property by affidavit when decedent dies testate — North Carolina General Assembly — The parallel testate procedure, the attached certified will, and the requirement to describe real property owned at death.
- Ohio Revised Code § 2113.03, Court may order estate released from administration — Ohio's $35,000 and $100,000 release thresholds, the surviving-spouse conditions, and the commissioner provision for conveyances.
- Ohio Revised Code § 2113.031, Summary release from administration — The funeral-expense and surviving-spouse tests, the certificate-of-transfer requirement for real property, and the blocking conditions.
- 20 Pa.C.S. Chapter 31, Dispositions Independent of Letters — Pennsylvania General Assembly — Pennsylvania's $50,000 petition limit and its exclusions, the orphans' court's discretion, the one-year revocation window, and the § 3101 payment routes for wages and deposit accounts.
- Pennsylvania Inheritance Tax Return, form REV-1500 — Pennsylvania Department of Revenue — The official return filed with the county Register of Wills, confirming that Pennsylvania's inheritance tax is a separate obligation from the small-estate petition.
- Texas Estates Code, Chapter 205 — Small Estate Affidavit — Texas eligibility conditions, the $75,000 cap excluding homestead and exempt property, the solvency test, the 30-day wait, affidavit contents, court approval, and homestead transfer.
- Small Estate Affidavits — TexasLawHelp — Practical Texas context: county-level filing fees, county-specific forms, and hearing requirements that vary by court.
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