Small Estate Affidavit Forms

small estate affidavit is a document used when a person dies to collect the assets of a low-value estate outside of probate. It is most commonly used when the person died intestate (without a will). The form gives the surviving heirs a means of expediting the process by excluding the court in the division of personal property.

Small Estate Affidavit Forms

small estate affidavit is a document used when a person dies to collect the assets of a low-value estate outside of probate. It is most commonly used when the person died intestate (without a will). The form gives the surviving heirs a means of expediting the process by excluding the court in the division of personal property.

Last updated November 19th, 2024

small estate affidavit is a document used when a person dies to collect the assets of a low-value estate outside of probate. It is most commonly used when the person died intestate (without a will). The form gives the surviving heirs a means of expediting the process by excluding the court in the division of personal property.

By State

What is a Small Estate Affidavit?

A small estate affidavit is a sworn legal statement signed before a notary that is used to divide a decedent’s assets when the estate is small enough. Once filed with the county clerk, it can be presented to financial institutions and other parties in possession of the decedent’s belongings to transfer ownership.

The name of this document can vary from state to state; for example, it is sometimes referred to as a “petition for summary distribution” or “affidavit for collection of personal property.”

Who Can File

Generally speaking, only a person with a close relationship to the deceased can file, such as a spouse or child. If there’s a will, the named executor will be responsible for ensuring the estate gets distributed properly. If the decedent left a will, the named executor is responsible for distributing the remaining assets (after settling any dues).

Sample

SMALL ESTATE AFFIDAVIT

I certify that all of the following statements are true regarding the Estate of [DECEDENT NAME]:

1. THE DECEDENT. Decedent, [DECEDENT NAME], died on [MM/DD/YYYY] in the County of [COUNTY], in the State of [STATE]. A copy of the decedent’s death certificate will be submitted along with this affidavit.

2. THE AFFIANT. My name is [AFFIANT NAME]. I reside at [AFFIANT ADDRESS]. I am either an heir of the decedent, and the decedent left no will, or I am a named devisee of the decedent in the decedent’s will.

3. ESTATE VALUE. The value of the assets of the decedent’s estate exceeds the estate’s known liabilities. The value of the decedent’s estate does not exceed the monetary limit imposed by the State of [DECEDENT STATE].

4. DAYS SINCE DEATH. More than [#] days have passed since the decedent’s death. There is no pending administration of the decedent’s estate. There is no reasonable expectation that probate of the decedent’s estate will soon commence.

5. HEIRS. All heirs or devisees will be notified of this affidavit within 30 days of filing. The heirs or devisees of the decedent are listed as follows:

Heir: [HEIR NAME]
Address: [HEIR ADDRESS]
Relation: [RELATION TO DECEDENT]
Phone: [PHONE NUMBER]

Heir: [HEIR NAME]
Address: [HEIR ADDRESS]
Relation: [RELATION TO DECEDENT]
Phone: [PHONE NUMBER]

(Add additional Heirs or Devisees as necessary)

6. ASSETS. All assets of the decedent’s estate (whether real property or personal property, whether community property or separate property) and the value of such assets are listed below:

DESCRIPTION                    VALUE

[DESCRIPTION]                [VALUE ($)]
[DESCRIPTION]
                [VALUE ($)]
[DESCRIPTION]
                [VALUE ($)]

(Add additional Assets as necessary)

7. LIABILITIES. All liabilities and debts of the decedent’s estate and what the estate owes each creditor are listed below:

DESCRIPTION                    VALUE

[DESCRIPTION]                [VALUE ($)]
[DESCRIPTION]
                [VALUE ($)]
[DESCRIPTION]
                [VALUE ($)]

(Add additional Liabilities or Debts as necessary)

8. PROPERTY TO BE TRANSFERRED. The following heirs or devisees are entitled to the following property:

HEIR NAME                        PROPERTY

[FULL NAME]                     [PROPERTY DESCRIPTION]
[FULL NAME]                     [PROPERTY DESCRIPTION]
[FULL NAME]
                     [PROPERTY DESCRIPTION]

(Add additional Heirs or Devisees as necessary)

9. STATE LAW. This document is governed under the laws in the State of [STATE NAME].

10. EXECUTION.

Affiant (Preparer) Signature: _________________________ Date: [MM/DD/YYYY]

Subscribed and sworn to before me on [MM/DD/YYYY], [COUNTY AND STATE].
My commission expires: [MM/DD/YYYY] Signature: _________________________
Notary public, [COUNTY AND STATE (WHERE COMMISSIONED)].

How to Use a Small Estate Affidavit

Step 1 – File the Will (if applicable)

If the decedent died with a will, it will need to be filed in the courthouse of the county in which the person lived. It is legally required that the will be filed within the grace period set by state law.

Step 2 – Calculate the Estate Value

The net estate value is calculated by subtracting the decedent’s liabilities from the value of their assets. Assets include real estate, stocks, mortgages, life insurance, and annuities, among other items. Liabilities can include funeral expenses, debts, mortgages, and liens.

The values of each item must be reported on the affidavit; as long as the total sum within state requirements, the affidavit can be used.

Step 3 – Complete the Affidavit

The small estate affidavit must be completed by the decedent’s personal representative or executor. If there is no named personal representative or executor, it may be completed by an heir to the estate.

Step 4 – Contact Heirs

The person preparing the small estate affidavit should contact each beneficiary named in the will by certified mail. If the decedent died without a will, the person preparing the form should get in touch with the heirs in accordance with the state’s intestate succession laws. The order of priority is usually:

  • Spouses & children
  • Grandchildren
  • Parents & siblings
  • Aunts, uncles, nieces, nephews, & cousins

Step 5 – Attach Required Forms

For the form to be valid, a copy of the decedent’s death certificate and will (if any) should be attached. A copy of the death certificate can typically be obtained from the local county recorder.

Step 6 – File Forms and Collect Possessions

The completed affidavit must be filed with the court with jurisdiction over the estate. Once filed and accepted, the affidavit can be presented to parties that are in possession of the decedent’s property to claim those assets.


Small Estate Requirements: By State

The information in the table below is accurate as of November 2024.

View State Requirements

STATE MAX ESTATE VALUE ($) MIN. REQUIRED WAIT TIME STATUTE
Alabama $36,030 (adjusted annually by the State Finance Director) N/A § 43-2-692
Alaska $50k in personal property; $100k in vehicles 30 days § 13.16.680
Arizona $75k in personal property; $100k in real property 30 days | 6 months § 14-3971
Arkansas $100,000 45 days § 28-41-101
California $184,500 in real and personal property; or $61,500 in real property only 40 days | 6 months §§ 13100, 13200(h)(2), 890(c)
Colorado $82,000 10 days § 15-12-1201
Connecticut $40,000 N/A § 45a-273
Delaware $30,000 30 days § 2306
Florida $75,000 N/A § 735.201
Georgia N/A N/A § 53-2-40
Hawaii $100,000 N/A § 560:3-1201
Idaho $100,000 30 days § 15-3-1201
Illinois $100,000 N/A § 755 ILCS 5/9-8
Indiana $100,000 45 days § 29-1-8-1
Iowa $50,000 40 days § 633.356(1)
Kansas $40,000 N/A § 59-1507b
Kentucky $30,000 N/A § 391.030
Louisiana $125,000 N/A § 3421
Maine $40,000 30 days § 3-1201
Maryland Spouse – $100k;
Other heirs – $50k
N/A § 5601
Massachusetts $25,000 30 days § 3-1201
Michigan $50,000 28 days § 700.3983, § 700.1210
Minnesota $75,000 30 days § 524.3-1201
Mississippi $75,000 30 days § 91-7-322
Missouri $40,000 30 days § 473.097
Montana $100,000 30 days § 72-3-1101
Nebraska $100,000 30 days § 30-24,129
Nevada Spouse – $100k;
Other heirs – $25k
40 days § 146.080
New Hampshire N/A N/A § 553:32
New Jersey Spouse – $50k;
Other heirs – $20k
N/A § 3B:10-3 & § 3B:10-4
New Mexico $50,000 30 days § 45-3-1201
New York $50,000 N/A § 1301
North Carolina $20,000 30 days § 28A-25-1
North Dakota $50,000 30 days § 30.1-23-01
Ohio Spouse – $100k;
Other heirs – $35k
N/A § 2113.03
Oklahoma $50,000 10 days § 58-393
Oregon Real property – $200k;
Personal property – $75k
30 days §§ 114.510,  114.515
Pennsylvania $50,000 N/A § 3102
Rhode Island $15,000 30 days § 33-24-1
South Carolina $25,000 30 days § 62-3-1201
South Dakota $100,000 30 days § 29A-3-1201
Tennessee $50,000 45 days § 30-4-102 & § 30-4-103
Texas $75,000 30 days § 205.001
Utah $100,000 30 days § 75-3-1201
Vermont $45,000 N/A § 1901
Virginia $50,000 60 days § 64.2-601
Washington $100,000 40 days § 11.62.010
West Virginia $50k in personal property;
$100k in real property
30 days | 60 days § 44-1A-2
Wisconsin $50,000 N/A § 867.03
Wyoming $200,000 30 days § 2-1-201