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Who Can File a Small Estate Affidavit?
Typically, a spouse, child, or close family member of the deceased can file the document. However, if the decedent left a will, the named executor is responsible for distributing the estate. Heirs will follow state “intestate succession” rules if there’s no will, prioritizing spouses, children, grandchildren, parents, and other close relatives.
The small estate affidavit goes by different names in varying states, such as “petition for summary distribution” or “affidavit for collection of personal property.” However, the process is generally similar.
5 Steps to File a Small Estate Affidavit (Step-by-Step)
Step 1: Check State Requirements
Each state requires a waiting period before filing after the date of death. This ranges from 15 to 60 days, depending on state law. If no state-specific rule exists, contact the local probate court for guidance.
Determine the estate’s net value by subtracting debts and liabilities (like mortgages or funeral expenses) from total assets (like property, bank accounts, and insurance). To qualify for the affidavit process, the estate must fall within your state’s monetary limits.
Step 2: Gather the Required Documents
You’ll need:
- The decedent’s death certificate (available from the Bureau of Vital Statistics or local recorder)
- Any applicable wills
- Titles or deeds for real property, vehicles, or other titled assets
- An itemized list of the estate’s assets and debts
Step 3: Complete the Affidavit
Using the state-specific version of the small estate affidavit increases the chances of court approval. Details within the form include:
- Information on the decedent
- Information on the heir of contact and heirs
- All required personal details (your relationship to the decedent)
- A breakdown of assets, debts, and intended recipients
- Notarization or witness signatures (depending on your state’s requirements)
If there’s no executor named in a will, an heir can usually complete and submit the form.
Step 4: Notify Family and Heirs
All known heirs and potential beneficiaries must be notified of the filing, typically via certified mail with return receipt. Keep proof of delivery for your records. If the decedent died without a will, contact heirs in the order defined by state succession laws.
Step 5: File With the Probate Court and Collect the Assets
Submit the completed affidavit, all required attachments, and filing fees to the probate court or county clerk where the decedent lived. If accepted, the affidavit becomes your legal tool to claim the decedent’s property from banks, title offices, or other holders of the assets.
Requirements By State
| State | Maximum Amounts ($) | Time to Wait After Decedent’s Death | Signing Requirements |
| Alabama | $36,030 (figure adjusted for inflation) | 30 days | No Statute* |
| Alaska | $100,000 for vehicles only; $50,000 for other personal property | 30 days | No Statute* |
| Arizona | $75,000 for tangible personal property; $100,000 for real property | 30 days | No Statute* |
| Arkansas | $100,000 | 45 days | Local Probate Court Clerk (See List) |
| California | $184,500 | 40 days | Notary Public |
| Colorado | $82,000 | 10 days | Notary Public |
| Connecticut | $40,000 | No Statute | No Statute |
| Delaware | $30,000 | 30 days | No Statute, but Death Certificate must be notarized |
| Florida | $75,000 | No Statute | No Statute* |
| Georgia | None; $15,000 only when claiming funds in a bank account | No Statute | Notary Public |
| Hawaii | $100,000 (excluding motor vehicles) | No Statute | Notary Public |
| Idaho | $100,000 | 30 days | Notary Public |
| Illinois | $100,000 | No Statute | Notary Public |
| Indiana | $100,000 | 45 days | Notary Public |
| Iowa | $50,000 | 40 days | Notary Public |
| Kansas | $75,000 | No Statute | Notary Public |
| Kentucky | $30,000 | No Statute |
Notary Public or Judge/Clerk of the District Court |
| Louisiana | $125,000 | 90 Days (For Immovable Property Only) | Notary Public |
| Maine | $40,000 | 30 days | Notary Public |
| Maryland | $50,000; $100,000 for surviving spouses filing as sole legatee | No Statute | No Statute |
| Massachusetts | $25,000 (excluding the value of one vehicle) | 30 days | Notary Public |
| Michigan | $51,000 (adjusted) | 28 days | Notary Public |
| Minnesota | $75,000 | 30 days | Notary Public |
| Mississippi | $75,000 | 30 days | Notary Public |
| Missouri | $40,000 | 30 days | Notary Public |
| Montana | $100,000 | 30 days | Notary Public |
| Nebraska | $100,000 | 30 days | Notary Public |
| Nevada | $100,000 for spouse; $25,000 for other claimants | 40 days | No Statute* |
| New Hampshire | N/A | N/A | N/A |
| New Jersey | $50,000 for spouses, $20,000 for non-spousal heirs | No Statute | Notary Public |
| New Mexico | $50,000 | 30 days | Notary Public |
| New York | $50,000 | No Statute | Notary Public |
| North Carolina | $20,000 non-spousal heirs; $30,000 for surviving spouses who are sole heirs | 30 days | Notary Public or Court Clerk |
| North Dakota | $50,000 | 30 days | Notary Public or Court Clerk |
| Ohio | $100,000 for spouse, $35,000 for other claimants | No Statute | Probate Judge (once approved) |
| Oklahoma | $50,000 | 10 days | Notary Public |
| Oregon | $275,000 ($75,000 for personal property; $200,000 for real property) | 30 days | Notary Public |
| Pennsylvania | $50,000 | No Statute |
Notary Public and |
| Rhode Island | $15,000 | 30 days | Notary Public and Probate Judge / Probate Clerk |
| South Carolina | $25,000 | 30 days |
Notary Public and |
| South Dakota | $100,000 for personal property; $50,000 for real property | 30 days | Notary Public |
| Tennessee | $50,000 | 45 days | Notary Public or Deputy Clerk |
| Texas | $75,000 | 30 days | Notary Public and Two (2) Disinterested Witnesses |
| Utah | $100,000 | 30 days | Notary Public |
| Vermont | $45,000 | No Statute | Notary Public |
| Virginia | $50,000 | 60 days | Notary Public |
| Washington | $100,000 | 40 days | Notary Public |
| Washington D.C. | $40,000 | No Statute | Legal Branch of Probate Division |
| West Virginia | $100,000 for interests in real estate; $50,000 for personal property | 30 days (if decedent died testate); 60 days (if intestate) | Notary Public |
| Wisconsin | $50,000 | No Statute | Notary Public |
| Wyoming | $200,000 | 30 days | Notary Public |
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