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Small Estate Affidavit by State (2026): Limits, Waiting Periods, and Whether It Covers the House

Updated 9 min readProperty-tax.info

What a small estate affidavit is

When someone dies with a modest estate, most states let the heirs skip full probate. The usual tool is a small estate affidavit (sometimes called an affidavit for collection of personal property): a sworn statement that the estate is under the state's dollar limit, that a waiting period has passed since the death, and that no executor has been appointed. A bank, brokerage or employer that receives it can pay the money directly to the person entitled to it.

It's faster and much cheaper than probate, often a few weeks and a notary fee instead of months and thousands of dollars (see how much probate costs). But it has three big limits:

  • Each state sets its own cap, and what counts toward it varies.
  • In most states it can't transfer real estate. The house usually needs a court order, a separate affidavit or a deed set up before death.
  • It doesn't make debts go away. Whoever collects the assets can be liable to creditors and other heirs up to what they received.

Small estate limits in 21 states (2026)

We checked each of these against the state statute or the state court system's own guidance. Limits change often. Several states raised theirs in 2025 and 2026, so confirm with the probate court before you file.

StateLimitWait after deathCovers real estate?
Arizona$200,000 personal property; $300,000 real property (net of liens)30 days; 6 months for real estateYes, with a separate real property affidavit
California$208,850 (deaths on or after April 1, 2025)40 daysNo by affidavit; separate petition for a primary home up to $750,000
FloridaNo true affidavit; summary administration up to $150,000 (from July 1, 2026; was $75,000)NoneYes, through summary administration (a court order)
Illinois$150,000 personal estate (deaths on or after Aug. 15, 2025)NoneNo
Indiana$100,000 (deaths after June 30, 2022)45 daysLimited, by a separate real estate affidavit
Iowa$50,000 personal property40 daysNo
Kansas$75,000NoneNo
Michigan$53,000 (2026 deaths; indexed)28 daysNo, and can't be used if there's any real estate
Minnesota$75,00030 daysNo
Mississippi$75,00030 daysNo
Missouri$40,000 (net of liens and debts)30 daysYes, recorded with the recorder of deeds
New Jersey$50,000 for a surviving spouse; $20,000 for other heirs (no will)None statedCounts toward the limit; check with the Surrogate
New York$50,000 personal property (voluntary administration, Surrogate's Court)NoneNo
North Carolina$20,000 personal property ($30,000 if spouse is sole heir)30 daysNo
OhioRelease from administration: $35,000, or $100,000 if the spouse takes everythingNoneYes, by court order
Oregon$75,000 personal property + $200,000 real property30 daysYes
Pennsylvania$50,000, not counting real estate (court petition)NoneNo
Texas$75,000, not counting the homestead (no will only)30 daysHomestead only, and a judge must approve
Virginia$75,000 (raised from $50,000 in 2025)60 daysNo
Washington$100,000 (net of liens)40 daysNo
Wyoming$400,000 (net of liens)30 daysNot by affidavit; separate court decree up to $400,000

Notes on the biggest states

California

The limit is $208,850 for deaths on or after April 1, 2025. It was $184,500 before that, and some court pages still show the old figure. The next adjustment is due April 1, 2028. Debts and mortgages aren't subtracted, but a lot doesn't count toward the limit: cars and boats, joint tenancy property, trust assets, anything going to a surviving spouse, accounts with a named beneficiary, and real estate in other states.

For the house, California has two separate routes. A Petition to Determine Succession can transfer the deceased person's primary residence worth up to $750,000 (deaths on or after April 1, 2025). It's a short court hearing, not an affidavit, and it doesn't cover rentals or vacation homes. For low-value real estate (up to $69,625), there's an Affidavit re Real Property of Small Value. Inheriting a California home also usually triggers a property tax reassessment unless the Prop 19 parent-child exclusion applies. See our Prop 13 and Prop 19 guide.

Texas

Texas allows a small estate affidavit only when there's no will, the estate (not counting the homestead and exempt property) is $75,000 or less, and debts don't exceed the non-exempt assets. A probate judge has to approve it. It can pass the homestead, if that's the only real estate, by recording the approved affidavit in the county deed records. Heirs who live in an inherited home can also claim the homestead exemption as "heir property" owners.

Florida

Florida doesn't really have a small estate affidavit. The closest tool is summary administration, a simplified court process. A 2026 law raised its limit to $150,000 (from $75,000), effective July 1, 2026, and there's no limit if the person has been dead more than two years. Ask the clerk which limit applies to your case. There's also a heirs' affidavit for personal property up to $20,000 after a year, and banks can release up to $2,000 to family after six months. A Florida homestead usually needs its own court determination. Many Floridians avoid all of this with a lady bird deed.

New York

New York's version is voluntary administration in Surrogate's Court, for personal property of $50,000 or less. It costs $1 to file. If the person owned real estate in their own name, the estate doesn't qualify.

Illinois

For deaths on or after August 15, 2025, the limit is $150,000 of personal property (up from $100,000). Registered vehicles don't count toward it, though that exclusion narrows for deaths from January 1, 2027. The affidavit can't transfer real estate.

States where the affidavit can pass the house

A few states let a small estate procedure transfer real estate directly. In Arizona (since September 2025), real property worth up to $300,000 at its assessed full cash value, net of liens, can pass by a separate affidavit six months after death. Oregon's simple estate affidavit covers up to $200,000 of real property, but liens aren't subtracted. Missouri's affidavit, at a lower $40,000 limit, can be recorded with the recorder of deeds.

How to use one

  1. Wait out the waiting period. It's usually 30 to 45 days.
  2. Add up what counts. Leave out anything that already passes outside probate: joint accounts, payable-on-death and transfer-on-death accounts, life insurance and retirement accounts with a beneficiary, and trust assets.
  3. Get the right form. Most state courts publish one. Some states require filing with the court (Texas, Florida, New York, Pennsylvania, Ohio), while in others you just sign it before a notary and hand it to the bank.
  4. Gather a certified death certificate and ID, and in some states a list of all heirs or their signatures.
  5. Present it to each institution holding an asset. Banks often have their own forms and may push back if the estate is close to the limit.

Cars usually transfer separately, through the state DMV's heirship form.

Don't forget the property tax bill

Property taxes don't stop when the owner dies. The tax is a lien on the property, and unpaid bills keep accruing penalties and can eventually lead to a tax sale, whether or not anyone has opened probate. In practice, whoever is living in or looking after the house usually pays, and can be repaid from the estate.

  • Update the mailing address with the county treasurer or tax collector so bills don't go unopened to the deceased person's address.
  • Exemptions usually end. Homestead, senior and disability exemptions belong to the owner. Expect them to drop off the next year's bill unless an heir who lives there reapplies.
  • The deed may stay in the deceased person's name. Most small estate affidavits don't change title to real estate, which makes it hard to claim exemptions, refinance or sell. That's why a court order, a real property affidavit where your state has one, or a transfer on death deed matters.

Our guide to property taxes on an inherited house covers reassessment and exemptions in more detail. If you're planning ahead, see living trust vs. lady bird deed vs. TOD deed, the three most common ways to keep a house out of probate altogether.

Related guides: executor duties and probate steps and heirs' property explained.

Sources

Limits and rules are from the state statutes: Ariz. Rev. Stat. § 14-3971, Cal. Prob. Code §§ 13100 and 13150, Fla. Stat. ch. 735 (as amended by ch. 2026-57), 755 ILCS 5/25-1, Ind. Code § 29-1-8-1, Iowa Code § 633.356, K.S.A. § 59-1507b, MCL § 700.3983, Minn. Stat. § 524.3-1201, Miss. Code § 91-7-322, RSMo § 473.097, N.J.S.A. 3B:10-3 and 3B:10-4, N.Y. SCPA art. 13, N.C.G.S. § 28A-25-1, Ohio R.C. § 2113.03, ORS 114.505–114.560, 20 Pa.C.S. § 3102, Tex. Est. Code ch. 205, Va. Code § 64.2-601, RCW 11.62.010 and Wyo. Stat. § 2-1-201. We also used state and county court self-help pages (California Courts, NY Courts, Franklin County Probate Court, Kent County Probate Court). States not listed have their own procedures; check your state court's website. This is general information, not legal advice.

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Property-tax.info Editorial Team

Published October 29, 2026 · Last updated October 29, 2026

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