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Home Personal & Family Documents Affidavit Small Estate

Free Small Estate Affidavit

Use our Small Estate Affidavit form to speed up the inheritance process after the passing of someone close to you.

Updated February 3, 2023 | Legally reviewed by Susan Chai, Esq.

A Small Estate Affidavit is a legal document that contains a sworn statement allowing someone to claim the assets of someone who has died legally. Small Estate Affidavits are used to avoid what’s known as the probate process, which can be lengthy and costly.

An estate is only considered “small” if the deceased’s assets are valued below a certain amount, differing from state to state. In addition, some states only allow the use of a Small Estate Affidavit if the person dies without a will, so check your state’s requirements below before you begin creating your affidavit.

Table of Contents
  • What is a Small Estate Affidavit?
  • When Should You Use a Small Estate Affidavit?
  • How Do I Fill Out a Small Estate Affidavit?
  • Sample Small Estate Affidavit
  • Small Estate Affidavit Laws by State

What is a Small Estate Affidavit?

A Small Estate Affidavit, also known as an affidavit for collecting personal property, is a legal document that allows a person to receive property belonging to a deceased individual. This document will help you take possession of assets that may rightfully belong to you upon the deceased’s death while avoiding a lengthy probate process.

Small Estate Affidavit Limits

Real property and/or motor vehicles cannot be transferred using this document type in some states. In addition, all states have a limit on the total value of assets (maximum allowance). If the full value of all assets to be distributed is larger than the maximum value listed, you cannot use a Small Estate Affidavit.

State Non-transferrable Assets Maximum Allowance
Alabama Real property $29,710 (for 2019)
Alaska Real property $100,000 (motor vehicles); $50,000 (personal property)
Arizona - $100,000 (real property); $75,000 (personal property)
Arkansas - $100,000
California Real property $166,250
Colorado Real property $69,000 (if the decedent died in 2019)
Connecticut Real property $40,000
Delaware Real property $30,000
District of Columbia - $40,000
Florida - Typically $75,000, but varies by county
Georgia - $10,000 (of cash given by a financial institution)
Hawaii Motor vehicles $100,000
Idaho Real property and motor vehicles $100,000
Illinois - $100,000
Indiana Real property $50,000
Iowa Real property $100,000
Kansas Real property $40,000
Kentucky - $15,000
Louisiana - $125,000
Maine Real property $40,000
Maryland - $50,000
$100,000 if spouse is the ONLY person to inherit the estate
Massachusetts Real property $25,000
Michigan Real property $15,000
Minnesota Real property $75,000
Mississippi - $50,000
Missouri - $40,000
Montana Real property $50,000
Nebraska Motor vehicles $50,000
Nevada Real property $25,000
$100,000 if spouse is the ONLY person to inherit the estate
New Hampshire - $10,000
New Jersey Real property $20,000
$50,000 if spouse/partner in a civil union/domestic partner is the ONLY person to inherit the estate
New Mexico Real property $50,000
New York Real property $30,000
North Carolina - $20,000
$30,000 if spouse is the ONLY person to inherit the estate
North Dakota Real property $50,000
Ohio - $35,000
$100,000 if spouse is the ONLY person to inherit the estate
Oklahoma Motor vehicles $50,000
Oregon - $200,000 (real property)
$75,000 (personal property)
Pennsylvania Real property $50,000
Rhode Island Real property $15,000
South Carolina Real property $25,000
South Dakota - $50,000
Tennessee Real property $50,000
Texas Real property $75,000
Utah - $100,000
Vermont - $10,000
Virginia - $50,000
Washington - $100,000
West Virginia Real property $100,000
Wisconsin - $50,000
Wyoming - $200,000

What is Probate?

Probate is a legal procedure intended to make sure the bills of a deceased individual (“decedent”) have been paid, and the people entitled to inherit their assets — whether by will (“testate”) or without a last will and testament (“intestate“) — receive those assets.

The probate procedure can be time-consuming and involves expenses for the court and the executor of the estate. These costs are deducted from the decedent’s assets, reducing what’s available to give to surviving heirs.

It’s important to know what probate is and how it affects small estates. Those with larger estates typically use a revocable living trust to manage their sizable assets.

Are small estates the same across the country?

No, state law varies on what qualifies as a “small estate.” The total amount of the deceased’s assets and the property being distributed must not exceed around $5,000 – $175,000. Sometimes, items (such as real estate or “real property”) aren’t included in that calculation, which is determined state-by-state.

To streamline the probate procedure and reduce the costs for estates that don’t exceed the threshold, each state has guidelines for processing a “small estate” with less court involvement, time, and money. A Small Estate Affidavit form may be used in those situations.

How does small estate property distribution work?

Once notarized, signed, and approved by the local probate court, any individual or organization possessing a decedent’s property must legally transfer ownership to you when presented with a court-approved Small Estate Affidavit.

Note: While this form is designed to cover the vast majority of states and situations, there are various conditions, limits, and rules which vary from state to state. Some of these state-specific guidelines are included in our form builder, while others are more specific and must be obtained from the probate clerk in the county where this form will be filed.

When Should You Use a Small Estate Affidavit?

Also known as an affidavit for collection of personal property, this form is used primarily (but not exclusively) when the deceased individual has:

  • no last will and testament to their name
  • less than $5000 – $175,000 in assets to distribute (depending on the state).

A Small Estate Affidavit helps quicken or eliminate the probate process — an event often prolongs the pain of losing someone close to you.

Difference Between an Affidavit of Heirship and a Small Estate Affidavit

An affidavit of heirship is used to authenticate the surviving heirs of a decedent. Families often use this affidavit when distributing decedent assets primarily consisting of real property (any building or land that would require a deed or title to be transferred). That’s because the real property will almost always exceed the maximum legal amount considered a small estate.

A Small Estate Affidavit is used when an individual passes away and one or more close relative wishes to claim the decedent’s property. The total value of the property must be below the maximum allowance by the state where this form is being filed. Small estate claims may include items with sentimental value to surviving heirs and aren’t overwhelmingly valuable.

It’s important to note that a Small Estate Affidavit is often filed along with an affidavit of heirship.

How Do I Fill Out a Small Estate Affidavit?

Aside from including basic information, such as the name and address of you and the decedent, you must carry out the following when filling out a Small Estate Affidavit:

  1. Confirm when the decedent passed away — You must verify the date of death and the city and state where the decedent passed away. You can find this information on their official death certificate.
  2. Attest whether the decedent died intestate or testate — Some states permit this procedure only if there is no will, while others allow both. If there was a will, make sure you have a copy. Whoever (if anyone) is named as the executor of that will is the person who should file this form.
  3. Indicate whether there are outstanding funeral expenses — If the decedent’s funeral expenses haven’t been paid in full, you must provide the amount owed and a description of the costs.
  4. Provide information on any additional claims against the estate. If the decedent left behind any outstanding debts, the estate must settle those debts, and the creditors must be paid in full, to the extent there are assets in the estate to satisfy such obligations. You can pass the value of any remaining assets to the heirs identified in the affidavit afterward.
  5. List any surviving heirs to the decedent — Heirs include close relatives and spouses that could rightfully claim ownership of the deceased’s assets and property.
  6. Outline the decedent’s personal property being distributed, if any. A thorough description of the personal property being distributed (excluding real property in certain states) and the total value of that property must be included in the Small Estate Affidavit. Private property would consist of anything other than real property, such as vehicles or general possessions like jewelry or clothing.
  7. Describe the decedent’s real property being distributed, if any — If you’re claiming a transfer of ownership of the decedent’s real property, you must provide a complete description and dollar amount of said property. Real property means any house or land requiring a deed or title to be transferred. Not all states permit the transfer of real property through this form.

If the estate assets are insufficient to pay the debts of the decedent or the estate, an heir will not (except in rare situations such as fraudulent transfers) have any responsibility to pay those debts.

Sample Small Estate Affidavit

You can download our free template for Small Estate Affidavit in PDF or Word format, print it, and fill it out independently.

small estate affidavit

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Small Estate Affidavit Laws by State

Before filing a Small Estate Affidavit form with the local probate clerk’s office, claimants may be required to wait a certain minimum period by their state’s law. This typically ranges between 15 days and two months.

As an example of the differences between states, California permits a small claims affidavit to transfer only personal property. The gross value of the decedent’s real and personal property being claimed cannot exceed $166,250 (excluding specific property).

In addition to the state laws below, we’ve also created state-specific Small Estate Affidavit templates that adhere to all the specific state laws that you can download and use for free.

The above dollar amount is periodically adjusted to reflect changes in the average urban consumer price index, as published by the US Bureau of Labor Statistics.

As a reference, the following are the various small estate laws for each state:

State Legal Code State Legal Code
Alabama § 43-2-692(1) Montana Section 72-3-1101 to 72-3-1104
Alaska
§ 13.16.680
Nebraska § 30-24,125
Arizona
§ 14-3971
Nevada NRS 146.080
Arkansas
§ 28-41-101
New Hampshire Section 553:32
California Section 13100 New Jersey Sections 3B:10-3 & 3B:10-4
Colorado C.R.S. 15-12-1201 New Mexico Section 45-3-1201
Connecticut Sec. 45a-273 New York § 1301 to § 1312
Delaware § 2306 North Carolina § 28A-25-1 to 28A-25-7
District of Columbia § 20-303 North Dakota Chapter 30.1-23
Florida Chapter 735 (Probate Code: Small Estates) Ohio R.C. 2113.03
Georgia § 53-2-40 & § 7-1-239 to 7-1-239.1 Oklahoma 58 OS § 393 & 6 OS § 906
Hawaii § 560:3-1202 Oregon § 114.505 to 114.535
Idaho § 15-3-1201 Pennsylvania Statute 20 § 3102
Illinois 755 ILCS 5/ (Probate Act of 1975 Rhode Island § 33-24-1
Indiana § 29-1-8-1 South Carolina Section 62-3-1201
Iowa § 635.1 to § 635.13 South Dakota Section 29A-3-1201
Kansas § 59-1507b Tennessee Section 30-4-101 to 30-4-105
Kentucky § 391.030 & § 395.455 Texas Sec. 205.001(3)
Louisiana CCP 3421 to CCP 3434 Utah § 75-3-1201 to 75-3-1204
Maine 18-C, Article 3, Part 12 Vermont 14 V.S.A. § 1902
Maryland Estates and Trusts § 5-601 to 5-608 Virginia § 64.2-600 to 64.2-605
Massachusetts MGL c. 190B, Section 3-1201 Washington Section 11.62.010
Michigan Section 700.3982 West Virginia § 44-3A-5
Minnesota § 524.3-1201 Wisconsin Section 867.03
Mississippi § 91-7-322 Wyoming § 2-1-201
Missouri § 473.097

Blank Small Estate Affidavit Templates by State (PDF & Word)

You can use the same Small Estate Affidavit template for most states, but you will need to use a customized form for some. Below we’ve included downloadable and fillable small affidavit forms that you can use for all the various states.

Download:

  • All states except Georgia, Kentucky, New Hampshire, West Virginia, and Wisconsin: Word (.docx) or Adobe PDF
  • Georgia: Word (.docx) or Adobe PDF
  • Kentucky: Word (.docx) or Adobe PDF
  • Wisconsin: Word (.docx) or Adobe PDF

Related Will & Estate Planning Documents

  • Affidavit of Heirship: An Affidavit of Heirship is a sworn legal document that attests to and identifies the heirs of a deceased person who died without a will.
  • Last Will and Testament: Outline your wishes for how your property and affairs are handled when you pass away.
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