Small estate limits by state
The dollar limit of each state's main small estate procedure for deaths today. Older deaths can have older limits: open the state.
The limit shown is the one that applies to a death today. Many states set different limits for earlier dates of death.
| State | Limit now | Applies to | How counted | Procedure |
|---|---|---|---|---|
Alabama Not covered yet: court self-help · LawHelp.org | ||||
Up to $50,000 | After liens | Affidavit for Collection of Personal Property of Decedent (court form P-110) | ||
Up to $200,000 | Deaths on or after september 26, 2025 | After liens | Affidavit for Collection of Personal Property (small estate affidavit) | |
Up to $100,000 | After liens | Affidavit for Collection of Small Estate by Distributee (Ark. Code 28-41-101) | ||
Up to $208,850 | Deaths on or after april 1, 2025 | Full value | Affidavit for Collection of Personal Property (small estate affidavit) | |
Up to $88,000 | Deaths from january 1, 2026 to december 31, 2026 | After liens | Collection of Personal Property by Affidavit (JDF 999) | |
Up to $40,000 | Affidavit in Lieu of Probate of Will/Administration (small estates procedure) | |||
Up to $50,000 | Small estate affidavit: distribution of decedent's property without grant of letters (estate assets $50,000 or less) | |||
Up to $40,000 | Deaths on or after march 21, 2025 | After liens | Payment or delivery of small asset by affidavit (transfers by affidavit) | |
See the state page | Disposition Without Administration of Intestate Property in Small Estates (heir's affidavit) | |||
Up to $15,000 | Full value | Payment of a deceased depositor's funds without administration (O.C.G.A. 7-1-239) | ||
Up to $100,000 | Full value | Collection of personal property by affidavit (HRS 560:3-1201) | ||
Up to $100,000 | After liens | Collection of personal property by affidavit (Idaho Code 15-3-1201) | ||
Up to $150,000 | Deaths on or after august 15, 2025 | Small Estate Affidavit (755 ILCS 5/25-1) | ||
Up to $100,000 | Deaths on or after july 1, 2022 | After liens | Small estate affidavit (affidavit for transfer of assets without administration) | |
Up to $100,000 | Full value | Distribution of property by affidavit - very small estates (Iowa Code 633.356) | ||
Up to $75,000 | Deaths on or after july 1, 2023 | Small estates affidavit: transferring personal property in estates under $75,000 (K.S.A. 59-1507b) | ||
Up to $30,000 | Deaths on or after july 15, 2020 | After liens | Petition to Dispense with Administration (KRS 395.455; form AOC-830) | |
Up to $200,000 | Deaths on or after august 1, 2026 | Full value | Affidavit for small succession (Code of Civil Procedure Articles 3421-3434) | |
Up to $52,500 | Deaths from january 1, 2026 to december 31, 2026 | After liens | Small Estate Affidavit for Collection of Personal Property | |
Up to $50,000 | After liens | Administration of a Small Estate (Petition for Administration of a Small Estate, form RW1103) | ||
Up to $25,000 | Voluntary Administration (Voluntary Administration Statement, form MPC 170) | |||
Up to $53,000 | Deaths from january 1, 2026 to december 31, 2026 | After liens | Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent (form PC 598) | |
Up to $75,000 | Deaths on or after august 1, 2016 | After liens | Affidavit for Collection of Personal Property (small estate affidavit) | |
Up to $75,000 | After liens | Affidavit of successor for collection of personal property (Miss. Code 91-7-322) | ||
Up to $40,000 | After liens | Small estate affidavit (distribution of assets without letters, RSMo 473.097) | ||
Up to $100,000 | After liens | Affidavit for Collection of Personal Property | ||
Up to $100,000 | After liens | Affidavit for Transfer of Personal Property without Probate (collection of personal property by affidavit) | ||
Up to $25,000 | Full value | Affidavit of Entitlement (claimant who is not the surviving spouse) | ||
New Hampshire Not covered yet: court self-help · LawHelp.org | ||||
Up to $20,000 | Deaths on or after january 19, 2016 | Affidavit of Next of Kin (heirs entitled to assets without administration) | ||
Up to $50,000 | Deaths on or after january 1, 2012 | After liens | Collection of personal property by affidavit (Affidavit of Successor in Interest) | |
Up to $50,000 | Full value | Small estate (voluntary administration): Affidavit in Relation to Settlement of Estate under Article 13 of the SCPA | ||
Up to $20,000 | Deaths on or after october 1, 2009 | After liens | Affidavit for Collection of Personal Property of Decedent (AOC-E-203B) | |
Up to $100,000 | Deaths on or after august 1, 2025 | After liens | Affidavit for Collection of Personal Property of the Decedent (N.D.C.C. 30.1-23-01) | |
Up to $35,000 | Deaths on or after november 9, 1994 | Release from administration (Application to Relieve Estate from Administration) | ||
Up to $50,000 | After liens | Payment or delivery of property to successor by affidavit (small estate affidavit, 58 O.S. 393) | ||
Up to $75,000 in personal property and $200,000 in real property | Deaths on or after january 1, 2026 | Full value | Simple Estate Affidavit (ORS 114.505 to 114.560) - personal property cap | |
Up to $20,000 | Full value | Payment of a deposit account to family (20 Pa.C.S. 3101(b)) | ||
Up to $15,000 | Full value | Voluntary Informal Administration of Small Estates (Petition for Voluntary Informal Administrator, form PC 1.10) | ||
Up to $45,000 | After liens | Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (form SCCA 420ES) | ||
Up to $100,000 | After liens | Collection of personal property by affidavit (small estate affidavit) | ||
Up to $50,000 | Small estate proceeding: Petition for Limited Letters of Administration (or Limited Letters Testamentary) of a Small Estate | |||
Up to $75,000 | Small Estate Affidavit (Texas Estates Code chapter 205) | |||
Up to $100,000 | After liens | Affidavit for Collecting Personal Property in a Small Estate Proceeding (Utah Code 75-3-1201) | ||
Up to $45,000 | Small estate proceeding (14 V.S.A. 1901-1903; V.R.P.P. 80.3) | |||
Up to $75,000 | Small Estate Affidavit (Virginia Small Estate Act), form CC-1685 | |||
Up to $100,000 | After liens | Small Estate Affidavit (RCW 11.62.010) | ||
Up to $50,000 | Full value | Administration of a small estate upon affidavit and without appointment (Affidavit for Small Estate) | ||
Up to $50,000 | Full value | Transfer by Affidavit ($50,000 gross and under, Wis. Stat. 867.03) | ||
Up to $400,000 | Deaths on or after july 1, 2025 | After liens | Distribution by affidavit (W.S. 2-1-201) |
Open a state for the full rules, the dates each limit applies to and the official sources. A state marked “Not covered yet” has not been checked against official sources.