A small estate affidavit is a sworn statement that lets the heirs of someone who died collect bank accounts and other personal property without opening a full probate case. You give it to the bank or other holder of the asset, and the holder pays you directly.
What most guides do not tell you is that many states do not have one. In Texas, Florida, New York, Pennsylvania, Ohio and Georgia, the “small estate” route goes through a court. This page sets out, for twelve large states, which procedure exists, the current dollar limit, the waiting period and whether it can transfer a house, each with the statute behind it.
The short answer
You can use a small estate affidavit only if your state has an out-of-court procedure, the probate estate is under the state’s limit, the waiting period has passed and no probate case is open. It usually covers bank accounts, vehicles and other personal property, not real estate. In the states we checked that spell it out (California, Washington, Virginia and Illinois), assets that pass outside probate, such as joint accounts, payable-on-death accounts and living trusts, do not count toward the limit.
Small estate procedures in 12 states (verified September 2026)
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| State | Out-of-court affidavit? | Limit | Wait after death | Real estate? |
|---|---|---|---|---|
| California | Yes (Prob. Code 13100) | $208,850 of real and personal property in California (excluding the assets listed in Prob. Code 13050), for deaths on or after April 1, 2025 | 40 days | No (separate procedures exist) |
| Illinois | Yes (755 ILCS 5/25-1) | $150,000 of personal estate, not counting most registered vehicles, for deaths on or after August 15, 2025 | No waiting period in the statute | No |
| Michigan | Yes (MCL 700.3983) | $53,000 for deaths in 2026; only if the estate has no real property | 28 days | No |
| Virginia | Yes (Va. Code 64.2-601) | $75,000 of personal probate estate | 60 days | No |
| Washington | Yes (RCW 11.62.010) | $100,000 of probate estate, excluding the surviving spouse’s or partner’s community property | 40 days, plus 10 days’ written notice to other successors; debts and funeral expenses must be paid or provided for | No |
| North Carolina | Yes, but filed with the clerk of superior court before collecting (G.S. 28A-25-1, for estates without a will) | $20,000 of personal property; $30,000 if the spouse is the sole heir | 30 days | No |
| Texas | No: filed with the court and approved by a judge; only if there is no will (Est. Code ch. 205) | $75,000, not counting the homestead and exempt property | 30 days | Only the homestead, if it is the only real property |
| Florida | No: summary administration in court (Fla. Stat. 735.201) | $75,000, less exempt property, or any size if the death was more than 2 years ago | n/a | Yes, through the court |
| New York | No: voluntary administration in Surrogate’s Court (SCPA 1301) | $50,000 of personal property | n/a | No |
| Pennsylvania | No: petition to the orphans’ court (20 Pa.C.S. 3102) | $50,000, excluding real estate | n/a | No |
| Ohio | No: release from administration by the probate court (R.C. 2113.03) | $35,000, or $100,000 if everything goes to the surviving spouse | n/a | Yes, by court order |
| Georgia | No: petition to the probate court for an order that no administration is necessary (O.C.G.A. 53-2-40; standard form GPCSF 9) | No dollar limit; only if there is no will, all heirs agree on the division, and the estate owes no debts or the creditors consent | n/a | Yes |
The limit depends on the date of death, not today’s date. California’s limit was $166,250 for deaths before April 1, 2022 and $184,500 for deaths from April 1, 2022 to March 31, 2025; the current $208,850 applies to deaths on or after April 1, 2025 (Judicial Council table). Illinois raised its limit from $100,000 to $150,000 for deaths on or after August 15, 2025. Michigan adjusts its limit every year for inflation.
What counts toward the limit
The limit applies to the probate estate: property that would otherwise pass through probate. Property that passes to someone automatically at death usually does not count. California spells this out in Probate Code 13050, which excludes, among other things:
- Property held in joint tenancy and other interests that end at death.
- Property in a revocable living trust.
- Accounts with a surviving co-owner or a payable-on-death beneficiary.
- Registered vehicles, vessels and mobile homes.
- Unpaid salary up to $20,875 (for deaths on or after April 1, 2025).
In California, real estate that was in the decedent’s name alone does count toward the limit, even though the affidavit cannot transfer it.
Washington and Virginia also measure their limits against the probate estate. Illinois leaves registered vehicles out of its $150,000 figure and lists them separately in the affidavit. Other states have their own rules, so read your state’s statute before adding up the numbers.
How a small estate affidavit works
- Wait out the waiting period for your state (for example 40 days in California, 60 in Virginia).
- Confirm no probate case is open. California, Michigan, Virginia, Washington, North Carolina and Illinois all require this.
- Use the right form. Illinois prints its form in the statute itself, Michigan uses court form PC 598, and Virginia requires form CC-1685.
- Sign it the way your state requires. Illinois, Michigan and Virginia forms are sworn before a notary (in Virginia, a notary or the court clerk). California accepts a declaration under penalty of perjury.
- Give it to each holder of the property with proof of death: California requires a certified copy of the death certificate attached, and Michigan and Washington also require the death certificate or proof of death. In North Carolina, file it with the clerk first.
What if the estate includes a house?
In most states the affidavit only reaches personal property. California has two separate routes for real estate, with limits that apply to deaths on or after April 1, 2025: a notarized affidavit for real property of small value, up to $69,625, filed with the superior court at least six months after the death with an appraisal by a probate referee (Prob. Code 13200), and a court petition to transfer the decedent’s primary residence in California up to $750,000 (Prob. Code 13151). In Texas, the small estate affidavit can pass the homestead only if it is the only real property in the estate, and the affidavit must then be recorded in the deed records of the county where the homestead is located (Est. Code 205.006). Otherwise, a house usually needs probate or a court order.
The protections and the risks
The bank is protected if it pays in good faith. A holder that pays on a proper affidavit is discharged and does not have to investigate the statements in it (for example Cal. Prob. Code 13106; Tex. Est. Code 205.007; RCW 11.62.020).
The person who signs or receives takes on the risk. In California, a person who receives property through the affidavit is liable for the decedent’s unsecured debts up to the value of what they received (Prob. Code 13109). In Texas, each person who signs the affidavit is liable for any damage or loss it causes (Est. Code 205.007). And the statement is made under penalty of perjury: Michigan’s form must warn that a false statement can lead to prosecution for perjury (MCL 700.3983).
Small estate affidavit: common questions
Does a small estate affidavit have to be filed with the court?
Not in California, Illinois, Michigan, Virginia or Washington: you give it to the holder of the asset. North Carolina requires filing with the clerk before you collect. In Texas it is filed with the court and approved by a judge.
Can I use a small estate affidavit if there is a will?
In several states, yes. Virginia requires that the will has been probated first. Texas’s small estate affidavit is only for people who died without a will. North Carolina’s section 28A-25-1 covers estates without a will; check with the clerk of superior court for estates with a will.
How long do I have to wait?
It depends on the state: 28 days in Michigan, 30 in North Carolina, 40 in California and Washington, 60 in Virginia. Illinois’s statute sets no waiting period.
What if the estate is over the limit?
Then you need probate, or the state’s simplified court procedure if it has one. Check whether your state counts assets that pass outside probate, such as joint accounts and trust property; several states, including California, leave them out.
Is there a free small estate affidavit form?
Several states publish their own: Illinois (in the statute), Michigan (PC 598) and Virginia (CC-1685, required by law). Where the state has an official form, use it: Virginia requires its form by law, and an official form is the easiest version for a bank to check.
Related
- Last will and testament
- General affidavit form
- Durable power of attorney
- Last will requirements by state
How this page was checked
Every limit, waiting period and rule in the table was read in the state’s own statute or court publication, linked in the text. California’s adjusted amounts come from the Judicial Council; Michigan’s 2026 figure from the Michigan Department of Treasury’s annual notice of adjusted amounts.
Last verified: September 2026. We do not advance this date without re-checking the sources. Limits change, some every year, and apply according to the date of death: confirm the figure for your case with the state’s court self-help site.
LegalTemplateVault is not a law firm and does not provide legal advice. Compiled and edited by Daniel Mercer, editor of LegalTemplateVault. He is not an attorney, and neither is anyone else on this site: what we do is compile primary sources and cite them so you can check them yourself.