Quick answer. Most states let heirs collect a small estate without full probate, by an affidavit handed to the bank or a short court procedure. The dollar limit, the wait after death, whether real estate and vehicles count, and whether a notary is needed all differ. In 26 jurisdictions on our list the affidavit goes straight to the holder; in 25 it goes through a court or registry office.
Have an estate in mind? The small estate eligibility checker takes the state, the date of death and the value, and shows whether it's under the stated limit, the earliest date, and whether a notary is needed.
Key figures
- 49 of 51 jurisdictions have a confirmed dollar limit for collecting a small estate by affidavit or a simplified process; Maine and New Hampshire do not have one in the data.
- Limits run from $15,000 (Georgia and Rhode Island) to $400,000 (Wyoming), with a median of $53,000.
- 18 allow $100,000 or more, and 7 set $25,000 or less.
- 41 have a confirmed waiting period after the death: 30 days is the most common (21), and the range is 0 to 60 days. For the other 10 it is not confirmed.
Computed from the 51 rows of the open dataset (the same data as the table) when this page loads · sources checked November 2026 · Download CSV · Field guide and citation · 2027 report
Small estate rules in all 50 states and DC
Select a column heading to sort. "Not transferred" means the affidavit doesn't pass real estate; "Rules it out" means real estate in the person's name alone takes the estate out of the procedure. "Holder" means the affidavit is handed to the bank or other holder; "Court" means it's filed with or issued by a court office. State names with a link have their own page.
Signing estate papers in New Jersey? The estate signing package (notary, witnesses and the Surrogate run).
| Source | ||||||||
|---|---|---|---|---|---|---|---|---|
| Alabama | $37,075 | Not stated | Not stated | Not confirmed | Sworn | Court | Not confirmed | Official page |
| Alaska | $50,000 | Rules it out | Not counted | 30 days | Notary | Holder | Form | Official page |
| Arizona | $200,000 | Own procedure | Counted | 30 days | Notary | Holder | Form | Official page |
| Arkansas | $100,000 | Counted | Not stated | 45 days | Notary | Court | Form | Official page |
| California | $208,850 | Not transferred | Not stated | 40 days | Depends | Holder | Form | Official page |
| Colorado | $82,000 | Not transferred | Not stated | 10 days | Notary | Holder | Form | Official page |
| Connecticut | $40,000 | Rules it out | Not stated | 0 days | Not required | Court | Form | Official page |
| Delaware | $50,000 | Rules it out | Counted | 30 days | Notary | Court | Form | Official page |
| District of Columbia | $40,000 | Not stated | Not stated | Not confirmed | Depends | Court | Form | Official page |
| Florida | $150,000 | Not stated | Not stated | Not confirmed | Not confirmed | Court | Not confirmed | Official page |
| Georgia | $15,000 | Own procedure | Not stated | 0 days | Notary | Court | Form | Official page |
| Hawaii | $100,000 | Not transferred | Not counted | 0 days | Notary | Holder | Form | Official page |
| Idaho | $100,000 | Not stated | Not stated | 30 days | Not confirmed | Holder | Not confirmed | Official page |
| Illinois | $150,000 | Not transferred | Not counted | 0 days | Notary | Holder | Form | Official page |
| Indiana | $100,000 | Own procedure | Counted | 45 days | Depends | Holder | Named, not linked | Official page |
| Iowa | $100,000 | Rules it out | Not stated | 40 days | Notary | Holder | Named, not linked | Official page |
| Kansas | $75,000 | Not transferred | Not stated | 0 days | Notary | Holder | Form | Official page |
| Kentucky | $30,000 | Not stated | Not stated | Not confirmed | Notary | Court | Form | Official page |
| Louisiana | $200,000 | Counted | Not stated | Not confirmed | Notary | Holder | Not confirmed | Official page |
| Maine | Indexed (ask the court) | Not transferred | Not stated | 30 days | Notary | Holder | Form | Official page |
| Maryland | $50,000 ($100,000 spouse) | Not stated | Not stated | Not confirmed | Not confirmed | Court | Form | Official page |
| Massachusetts | $25,000 | Rules it out | Not counted | 30 days | Not required | Court | Form | Official page |
| Michigan | $53,000 | Rules it out | Not stated | 29 days | Notary | Holder | Form | Official page |
| Minnesota | $75,000 | Rules it out | Counted | 30 days | Notary | Holder | Form | Official page |
| Mississippi | $75,000 | Own procedure | Not stated | 30 days | Not confirmed | Holder | Not confirmed | Official page |
| Missouri | $40,000 | Counted | Not stated | 30 days | Notary | Court | Form | Official page |
| Montana | $100,000 | Not transferred | Not stated | 30 days | Notary | Holder | Form | Official page |
| Nebraska | $100,000 | Not transferred | Not stated | 30 days | Sworn | Holder | Form | Official page |
| Nevada | Under $25,000 ($150,000 spouse) | Rules it out | Not counted | 40 days | Notary | Holder | Form | Official page |
| New Hampshire | Not confirmed | Not stated | Not stated | Not confirmed | Sworn | Court | Form | Official page |
| New Jersey | $20,000 ($50,000 spouse) | Not stated | Not stated | Not confirmed | Sworn | Court | Not confirmed | Official page |
| New Mexico | Under $50,000 | Rules it out | Not stated | 30 days | Notary | Holder | Named, not linked | Official page |
| New York | Under $50,000 | Rules it out | Not stated | 0 days | Notary | Court | Form | Official page |
| North Carolina | $20,000 ($30,000 spouse) | Not transferred | Not stated | 30 days | Notary | Court | Form | Official page |
| North Dakota | $100,000 | Rules it out | Not stated | 30 days | Notary | Holder | Form | Official page |
| Ohio | $35,000 ($100,000 spouse) | Counted | Not stated | 0 days | Depends | Court | Form | Official page |
| Oklahoma | $50,000 | Not transferred | Counted | 10 days | Notary | Holder | Form | Official page |
| Oregon | $275,000 | Counted | Not stated | 30 days | Sworn | Court | Form | Official page |
| Pennsylvania | $50,000 | Not transferred | Not stated | Not confirmed | Not confirmed | Court | Not confirmed | Official page |
| Rhode Island | $15,000 | Rules it out | Not stated | 30 days | Sworn | Court | Form | Official page |
| South Carolina | $25,000 | Rules it out | Counted | 30 days | Notary | Court | Form | Official page |
| South Dakota | $100,000 | Own procedure | Not stated | 30 days | Notary | Holder | Named, not linked | Official page |
| Tennessee | $50,000 | Not transferred | Not stated | 45 days | Notary | Court | Form | Official page |
| Texas | $75,000 | Not transferred | Not stated | 30 days | Notary | Court | Form | Official page |
| Utah | Under $100,000 | Not transferred | Not stated | 30 days | Notary | Holder | Form | Official page |
| Vermont | $45,000 | Rules it out | Not stated | Not confirmed | Sworn | Court | Not confirmed | Official page |
| Virginia | $75,000 | Not transferred | Not stated | 60 days | Notary | Holder | Form | Official page |
| Washington | $100,000 | Not transferred | Not stated | 40 days | Sworn | Holder | Named, not linked | Official page |
| West Virginia | $50,000 | Rules it out | Counted | 60 days | Notary | County office | Not confirmed | Official page |
| Wisconsin | $50,000 | Counted | Not stated | 0 days | Notary | Holder | Form | Official page |
| Wyoming | $400,000 | Own procedure | Not stated | 30 days | Notary | County office | Form | Official page |
Where an affidavit has to be notarized or sworn: MCC Solutions notarizes in New Jersey, with a mobile notary who comes to you and remote online notarization. Elsewhere, a local notary can help. Family far from the estate? Our estate paperwork help sends a local runner or notary to order records, pick up papers and get the affidavit signed, in any state.
Get it notarized online today
Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email
A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.
What you need
- A valid government photo ID
- A computer or phone with a camera
- The unsigned document
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers
Affidavit, or a short court procedure?
In the affidavit states (Alaska, Arizona, California, Colorado, Hawaii, Idaho, Indiana, Iowa, Kansas, Maine and Minnesota among them) the heir collects directly from each bank or holder. Others route the small estate through an office: Arkansas files the affidavit with the probate clerk, Delaware's Register of Wills issues it, Connecticut, Massachusetts and New York file with the probate or Surrogate's court, and Texas asks the judge to approve it. Wyoming and West Virginia file it with a county office. In Florida, Georgia, Kentucky, Ohio and Pennsylvania, the simplified routes named on the pages we read are court petitions.
Vehicles and limits that move
Vehicles often sit outside the limit: Alaska, Hawaii, Illinois, Massachusetts and Nevada leave them out of the count, and several states let the motor vehicle office transfer a title on the affidavit. Limits move too. California adjusts every three years by date of death, Michigan and Colorado by year, Maine by inflation, and Arizona, Delaware, Illinois and Wyoming raised theirs recently. Use the figure for the date of death, not the one a bank's old form prints.
If the state is one of these, see the executor checklist
For a larger estate or full probate, the executor checklists cover the court steps and deadlines: California · Florida · New York · Pennsylvania · Texas · New Jersey · Kits: California · Florida · New York · Pennsylvania · Texas · New Jersey.
Related guides
General information, not legal advice; we are not lawyers. Checked November 2026 against the official pages linked in the table. Limits change, some every year or by date of death, and banks, motor vehicle offices and employers can each ask for their own form; a lawyer can confirm how a rule applies to one estate. A notary identifies the signer and completes the certificate; a notary doesn't prepare the affidavit or say whether it fits.
Common questions
What is a small estate affidavit?
A sworn statement an heir or successor signs saying the estate is under the state's limit, any waiting period has passed and no probate case is open. In most states that have one, it's handed to the bank or other holder, which then releases the property without a court case. A few states run the small estate through a court or registry office instead.
What are the limits?
On the official pages we read, they run from $15,000 (Georgia) to $400,000 (Wyoming). California, Colorado, Delaware, Illinois, Indiana, Maryland and Michigan set the figure by date of death, and some index it each year, so the date matters. The table shows each figure with the official wording on the state's own page.
How long do I have to wait after the death?
Where a waiting period was stated, it ranges from 0 to 60 days. The checker works out the earliest date from the date of death.
Does the affidavit have to be notarized?
On the pages we read, it must be notarized or sworn in 40 jurisdictions (Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming). Even where a page doesn't require it, banks and motor vehicle offices often want a notarized signature.
Can a house pass by small estate affidavit?
Usually not by the personal property affidavit. In Alaska, Connecticut, Delaware, Iowa, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, North Dakota, Rhode Island, South Carolina, Vermont and West Virginia, real estate in the person's name alone rules the procedure out. Arizona and California have a separate affidavit or petition for real property, and Missouri lets distributees record the affidavit for real estate.
Why do some states say 'Not confirmed'?
We fill in a fact only after reading it on an official page: the state's statute site, a court self-help page or a court form. 280 facts are confirmed and 26 are not.