States / Small estate affidavits in 15 states

Small estate affidavits in 15 states

A small estate affidavit is a sworn form that lets family collect a person’s bank accounts and other property without a full probate case, when the estate is under the state’s limit. Each state sets its own limit, waiting period and rules. In most it goes straight to the bank; in some, such as Texas and Missouri, it’s filed with a court. A few states, including Florida, Ohio and Georgia, use a short court process instead.

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How do the 15 states compare?

State Limit Waiting period Where it goes
Illinois $150,000 personal property, plus registered vehicles None in the statute Straight to the bank
California $208,850 (deaths since April 1, 2025) 40 days Straight to the bank
Texas $75,000, not counting homestead and exempt property; no will only 30 days Filed with the court; a judge approves
Florida No general affidavit; summary administration up to $150,000 None for the petition Court petition; a judge’s order
Indiana $100,000 45 days Straight to the bank
Washington $100,000 40 days, plus 10 days’ notice Straight to the bank; copy to DSHS
New York $50,000 personal property None Filed with the Surrogate’s Court clerk; $1
Colorado $88,000 (deaths in 2026) 10 days Straight to the bank
Virginia $75,000 60 days Straight to the bank; form CC-1685
Michigan $53,000 (deaths in 2026), no real estate 28 days Straight to the bank
Arizona $200,000 personal property; $300,000 real estate 30 days; six months for real estate Bank; real estate filed with the court
Missouri $40,000, real estate included 30 days Filed with the probate clerk
Ohio No general affidavit; release up to $35,000, or $100,000 to a spouse None in the statute Probate court order
Georgia No general affidavit; no-administration order, no will only None stated Probate court order
Pennsylvania $50,000 petition; banks may pay family $20,000 None Orphans’ Court petition, or the bank

Each state page has the details, the official form and links to the statute, with the date we checked it.

What usually counts toward the limit?

Property that passes by will or by the state’s inheritance rules, which courts call probate property. Several states say so directly: California’s Probate Code section 13050 leaves out joint tenancy property, payable-on-death accounts and trust property, and Missouri’s statute leaves out joint tenancy. Others measure the “probate estate” without listing what’s left out. Many states also subtract liens, and some leave out vehicles, a homestead or a surviving spouse’s share.

What can’t a small estate affidavit do?

In most of these states it can’t transfer a house or other real estate. Arizona, Missouri, Ohio and Georgia have ways to pass real estate in a small estate, and California and Texas have narrow ones. It also can’t be used while a probate case is open, and in most states the person who signs promises the facts are true and stays responsible to anyone with a better right to the property.

Who signs one?

It depends on the state. In Illinois one person signs; in Virginia and California every heir or beneficiary does; in Texas the heirs and two disinterested witnesses swear to it. Most states use a notary, and some court forms use a statement under penalty of perjury instead.

Is Kin Papers a law firm?

No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page summarizes what each state’s statute and court forms say, with links to each. It doesn’t say whether a small estate affidavit fits your parent’s estate.

Sources

  1. Illinois General Assembly, 755 ILCS 5/25-1. Illinois. Checked October 19, 2026.
  2. California Legislature, California Probate Code section 13100. California’s wait and procedure. Checked October 19, 2026.
  3. Judicial Council of California, Maximum Amounts for Determining Eligibility for Summary Succession Procedures. California’s $208,850 limit. Checked October 19, 2026.
  4. California Legislature, Probate Code section 13050, Property excluded in determining value. What California leaves out of the limit. Checked October 19, 2026.
  5. Texas Legislature, Texas Estates Code chapter 205. Texas. Checked October 19, 2026.
  6. The Florida Legislature, Florida Statutes chapter 735. Florida. Checked October 19, 2026.
  7. Indiana General Assembly, IC 29-1-8. Indiana. Checked October 19, 2026.
  8. Washington State Legislature, Chapter 11.62 RCW. Washington. Checked October 19, 2026.
  9. New York State Senate, SCPA sections 1301 and 1304. New York. Checked October 19, 2026.
  10. Colorado Judicial Branch, JDF 999, Collection of Personal Property by Affidavit. Colorado. Checked October 19, 2026.
  11. Virginia General Assembly, Va. Code 64.2-601. Virginia. Checked October 19, 2026.
  12. Michigan Legislature and Department of Treasury, MCL 700.3983 and the 2026 cost-of-living notice. Michigan. Checked October 19, 2026.
  13. Arizona State Legislature, A.R.S. 14-3971. Arizona. Checked October 19, 2026.
  14. Missouri Revisor of Statutes, RSMo 473.097. Missouri. Checked October 19, 2026.
  15. Ohio Legislature, Ohio Revised Code 2113.03. Ohio. Checked October 19, 2026.
  16. Council of Probate Court Judges of Georgia, GPCSF 9, Petition for Order Declaring No Administration Necessary. Georgia. Checked October 19, 2026.
  17. Pennsylvania General Assembly, 20 Pa.C.S. 3102. Pennsylvania. Checked October 19, 2026.

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