What is a small estate affidavit?

Probate and the shortcut

Probate is the court process that appoints someone to settle a person's estate: to collect what the person owned, pay what the person owed and hand the rest to the people who inherit. It can take months and cost money. Because of that, most states have a shortcut for small estates. The shortcut goes by different names, and the next table shows what each of our 49 states calls it.

The best known shortcut is the small estate affidavit. An affidavit is a statement you sign under oath. In a small estate affidavit, the person who inherits says the estate is under the state's limit, that the waiting period has passed and that they are entitled to the property. They give it to the bank, the company or the person holding the property, and that holder pays or transfers the property without a court order.

Not every state works the same way

42 of the 49 states we cover have a procedure we mark as a small estate affidavit. Some of the others use a short court procedure instead, often called summary administration or a petition to dispense with administration. In those states a judge or a clerk looks at a written petition and signs an order that the family then shows to banks and agencies. 18 of the 49 states we cover list a court filing for their main small estate procedure, and 31 list none.

The dollar limit also varies. The current limit of the main procedure runs from $15,000 in Georgia to $400,000 in Wyoming. Many states changed their limit in the last few years and apply the new amount only to deaths on or after a set date, so the date of death often decides which amount applies. The limits by state table shows the current amounts, and each state page lists the older ones.

The waiting period

Most affidavit procedures make the family wait before using them. 35 of the 49 states we cover count a wait of days or months from the date of death; it runs from 10 days in Colorado to 12 months in Florida. Some states count the wait from another event, such as the appointment of someone by the court, and a few set no waiting period. The waiting periods by state table has the details.

What the affidavit does not do

An affidavit is a way to collect and transfer property. It does not decide who inherits, it does not erase the person's debts and it does not give anyone more than the law gives them. In many states the person who receives property with an affidavit becomes responsible for some of the person's unpaid debts, up to what they received. Read debts after someone dies before you sign.

The affidavit also does not always cover every kind of property. Real estate, vehicles, bank accounts and wages are often handled in different ways. The guide on what counts toward the limit explains how states add up an estate.

A sworn statement

Signing a small estate affidavit is a sworn statement. If the estate is over the limit, or if you are not the person the law allows to sign, the statement would be wrong. If you are not sure the estate qualifies, free legal help can check. Every state page has a Free help section with court self-help centers and legal aid. The free small estate checker on each state page adds up an estate against that state's limit, but it only does arithmetic on the numbers you enter. The bank, the DMV or the court decides.