Guide · Documents
Small estate affidavit: a clear guide
Most states let heirs collect modest assets with a sworn affidavit instead of opening probate. Who qualifies and how it works.
A small estate affidavit is a notarized statement that lets heirs collect a deceased person's assets without opening probate, when the estate falls under the state threshold. Thresholds range from $10,000 in Georgia to over $180,000 in California. Real estate often has its own separate procedure.
Step by step
Confirm you are under the threshold
Add the date-of-death value of all sole-name assets, excluding anything that passes by joint title or beneficiary. Compare to the state limit.
Wait the required period
Most states require thirty to forty-five days after death before an affidavit can be used, giving creditors time to come forward.
Complete the affidavit
Use the form provided by the state court or revenue department. List every asset, every heir, and your relationship to the deceased.
Sign before a notary
Sign the affidavit in front of a notary. Some banks notarize for free for account holders.
Present at each institution
Give the bank, brokerage, or DMV the original notarized affidavit and a certified death certificate. They release assets directly to the named heir.
Common questions
Does a small estate affidavit transfer real estate?
Usually no. Real property has separate procedures: a TOD deed, a survivor deed, or a court order. A handful of states do include a real estate version of the affidavit.
What if I find more assets later?
If new assets push the estate above the threshold, you may need to open full probate. Document everything you find and consult the probate court.