Sub-pillar

Small estate affidavit

The shortest legal path when the estate is small. One sworn document, no court hearing, no executor appointment.

A small estate affidavit is a sworn statement that lets heirs collect a deceased relative's assets without opening probate. Every US state offers one, with thresholds from about $10,000 to over $180,000. Most require a 30 to 40 day wait after death and notarization.

When it applies

Small estate affidavit at a glance
Threshold	Set by each state, from about $10,000 to over $180,000 in sole-name assets
Wait period	Usually 30 to 40 days after death
Covers	Bank accounts, brokerage accounts, personal property, sometimes vehicles
Does not cover	Real estate in most states, contested estates, assets above the threshold

Step by step

Add up sole-name assets
Use date-of-death values. Skip joint accounts, beneficiary designations, and trust assets — those never go through probate.
Compare to the state threshold
Thresholds range from $10,000 in some states to over $180,000 in others. Below the line, the affidavit usually applies.
Wait the required period
Most states require a 30 to 40 day wait after death before the affidavit can be used, giving creditors time to come forward.
Complete the state form
Each state publishes its own form. List every asset, every heir, and your relationship to the deceased.
Sign before a notary
The affidavit must be sworn in front of a notary. Many banks notarize without charge for account holders.
Present at each institution
Bring the original notarized affidavit and a certified death certificate to each bank, brokerage, or DMV. They release assets directly to the named heir.

By state

Small estate affidavit, state by state

Thresholds, wait periods, and form names vary. Pick the state where your relative lived.

Common questions

What is a small estate affidavit?

A notarized statement that lets heirs collect assets without opening probate, when the estate falls below the state threshold. Every state has its own version, form, and dollar limit.

Does it cover real estate?

Usually not. The affidavit typically covers personal property and accounts. Real property in most states needs a separate affidavit, a transfer on death deed, or full probate.

How long does it take?

Once the waiting period passes, most affidavits clear in days. Banks release accounts on the spot with a certified death certificate and the notarized form.

What if the estate is over the threshold?

You will likely need full probate and letters testamentary. A few states allow simplified probate for mid-sized estates between the small estate threshold and the full probate floor.